Prosecutors would definitely take that to trial, for sure. But it also depends on your jury. Being acquitted is definitely more likely as the days go by now. A lot of people no longer give law enforcement any sort of benefit of the doubt, often the exact opposite now.

You just need 1 member of that jury to decide that way and refuse to change their position to hang the jury, and then the prosecutors have to decide whether to bother with a retrial and do it all over again. Any time the first jury is unable to decide, that weighs heavily over any subsequent trial, whether it's supposed to or not.