Florida Student Jailed for Felony in School Attack

JeffC's picture

A Florida student was arrested, hand-cuffed and jailed after attacking a teacher, disrupting the school and resisting arrests. She was charged with a felony and two misdemeanors after police finally captured her and drove her to the police station.

The initial charge was made after the girl started crying in class (disrupting the school) and the violence escalated when she subsequently scratched a teacher (felony battery on a school employee.) Fortunately the police were able to catch her after she crawled under a table (misdemeanor resisting arrest) before handcuffing her and taking her to jail.

Unfortunately for the State of Florida, they will be forced to try her under the juvenile offender statutes. I am hoping that this 6 year old kindergarten student will receive a lenient sentence.

Don’t believe it? Here is a link to the police report:

http://www.slate.com/id/2164004/?nav=fix

JeffC's blog | login to post comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Student felony not in Georgia
Submitted by helpful lawyer on Fri, 04/13/2007 - 11:55am.

Official Code of Georgia Annotated section 16-3-1. Minimum age. A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime.

login to post comments
O K, 16-3-1
Submitted by tonto707 on Sun, 04/15/2007 - 9:45am.

EXEMPTS an 'he', but this was a 'she', and the Ga statute is on it's face discriminatory.

Seriously, the charges being slung around on school yards across the nation are the result of the ZERO TOLERANCE dreamed up by liberals a few years ago. Since liberals possess no common sense there is no room for exceptions, so yes, 6 year olds are charged under the liberal scheme. Sorry state of affairs we've drifted into.

login to post comments
helpful lawyer -
Enigma's picture
Submitted by Enigma on Fri, 04/13/2007 - 1:05pm.

Didn't you want to include the exceptions for the good folks of Georgia?


login to post comments
Some bloggers not safe
Submitted by helpful lawyer on Fri, 04/13/2007 - 3:51pm.

No exceptions.

Case law of interest: "Age referred to in OCGA sec. 16-3-1 is biological age, not 'mental age.'" Couch v. State, 253 Ga. 764, 325 S.E.2d 366 (1985).

login to post comments
helpful lawyer - They should know what was introduced in '06.
Enigma's picture
Submitted by Enigma on Fri, 04/13/2007 - 6:51pm.

House Bill 1500 was introduced but has not yet been passed. Please be aware of this bill:

HB 1500 modifies O.C.G.A. § 15-11-63 also known as the designated felony statute. HB 1500 adds new crimes to the existing designated felony statute, lowers the age under which children can be prosecuted under the act, and lowers the age at which children can be held in secure confinement for crimes committed under the act.

HB 1500 adds the SB 440 crimes or seven deadly sins to the list of designated felonies when committed by children under 13. The new designated felony crimes for children younger than 13 are murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, and armed robbery.

Under previous/current law, children younger than 13 can not be prosecuted under the designated felony statute for these crimes, rather these children are prosecuted under the delinquency statute.

Click here fo something I think you need to know


login to post comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.