The prosecutor decides what crime should be charged. In a process called screening, prosecutors review the evidence and decide what crime has been committed based on the criminal statutes of the jurisdiction. If a judge meddles in this area it is when the judge decides that the elements of the charged crime are not present - as in the defendant has not done enough to rise to the level of the charged crime and should be charged with a lesser crime or not at all. That is how the American adversarial system works, the prosecutor or plaintiff decides what to claim or charge, the defense decides how to respond, and the judge makes sure everyone plays by the rules. And, yes I am speaking from experience, having screened cases for a local DA's office myself.

I don't think these guys are bad people, but their actions satisfy the elements of the crime of burglary...

"BURGLARY, a Second Degree Felony, in violation of Title 76, Chapter 6, Section 202, Utah Code Annotated 1953, as amended, in that the defendant, a party to the offense, entered or remained unlawfully in the dwelling of another with the intent to commit an assault..."

Anyone going to claim this isn’t what happened? What if the players had entered the correct apartment? We might be talking murder after the kid got tossed off the balcony.

Speaking of the balloon throwers, why isn’t anyone complaining about these guys being charged with criminal mischief for throwing water balloons?