Finger or gun? Woman still looking at hard time if caught

The Mussallem Law Firm

Workers at a St. Augustine area Denny’s didn’t quite buy it when a middle-aged woman tried to rob the joint last week with what she said was a gun in her pocket. The waitress called her bluff and the suspect took off, an article in the Florida Times-Union reports. The suspect is about 5-foot-2 and in her 50s, the newspaper reported. And while she hasn’t been caught yet, she is still looking at some serious consequences – whether it was a gun or her finger in that pocket. The waitress told police the suspect told her she was going to rob the restaurant and not to trigger any panic alarms.

St. Johns County police are calling it an “attempted armed robbery” because the suspect tried to use the threat of a gun to rob the business. That may or may not hold up, but the important piece of the case is often what the suspect is attempting to do and what he or she tells the potential victim – not whether he or she is actually armed with a deadly weapon. This case is tougher to say that on, especially since the waitress didn’t even believe the robber was armed.

While it seems simple enough on paper, the legal differences between being armed and unarmed can be minute – but it can eliminate minimum mandatory sentences that are longer and do not give inmates reduced time for good behavior. Having an experienced St. Augustine area criminal defense attorney who gets in the legal weeds can be crucial in reducing the penalties you or your loved one face.

If you need a criminal defense attorney in St. Johns County or the surrounding area, call Mussallem and Associate, PA at 904-365-5200 for a free consultation.

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