What's the charge if a student steals a public school teacher's private car on public school property? Is it considered federal?
6 attorney answers
It's at least a third degree felony punishable by five years in prison even if the car is worth only one cent. Hire an attorney ASAP.
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Stealing a car is not a federal offense unless the theft occurs on a military base or perhaps is a federally owned vehicle. If you are the victim of the auto theft, report this to the local police immediately.
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The charge is most probably "grand theft auto", a 3rd degree felony which is punishable by up to 5 years in State prison. The student will probably not serve a day, but s/he can and should be, at a minimum, punished as an administrative matter vis-a-vis the school board.
As an aside, I don't expect non-lawyers to be versed in the law, but I do expect public school teachers to be versed in civics. What is more disconcerting to me than a student who disrespects his teacher and breaks the law is a public school teacher who thinks that auto theft is even possibly a federal matter. If you are such a teacher then I truly hope that you teach nothing more intellectual than physical education.
Still, no one deserves to be the victim of crime and if you have not doe so already then you should call the cops - local cops, not the FBI.
Meanwhile, not withstanding my admitted sarcasm, I hope that I have been helpful in answering your question.
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No, it is not a federal offense. In the state of Florida, the charge would be grand theft auto which is a third degree felony. Depending on the age of the child, he or she could be tried in adult court or juvenile court. If the student is tried as an adult he or she is facing upto 5 years in prison. As a juvenile they could be facing up to a commitment program. The student should consult with an attorney ASAP.
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It is a State Court Grand Theft Auto charge. Stealing a car in not a Federal offense. The question will be whether it is filed in adult of juvenile court. Consult an attorney because there may be additional pressure from the school on the State Attorney's office to ask for a stiffer sentence because it occurred on school property and was a teacher's vehicle.
The charge would most likely be a state charge of Grand Theft Motor Vehicle, a 3rd degree felony punishable by up to 5 years in prison and a $5,000 fine. There does not appear to be a federal charge here.
The advice offered above is general information as to the issues presented and is not meant to specifically apply to any one person's case. The advice does not constitute representation of anyone reading it. If you have further questions on this issue, please contact an attorney personally who can assist you further.