Would Be Store Robber under Estimates the Power of Blue Cheese
A would be robber who already had a conviction for a previous felony got more than he bargained for when he attempted to rob a convenience store in Jacksonville Beach recently.
The 32 year old man, Jacob Mercer, wore a Darth Vader mask and dark clothing when he entered the convenience store and allegedly pointed a gun at the staff demanding money.
Instead of cash, Mercer got a jar of blue cheese thrown at his face. The jar was obviously quite a dangerous weapon as it managed to make quite serious cuts on Mercer’s face. As a result of the cheese attack, the former felon ran out of the store and high-tailed it in a silver car with New York license plates.
In addition to the jar of cheese, Mercer also had to contend with surveillance footage which managed to record the incident and show Mercer pulling off his mask and then running out of the store.
He was apparently found by police later on the same night and arrested. Police allege that his car was found with several rounds of ammo and a variety of handguns.
Mercer has been charged with two separate offenses. The first is possession of ammunition or firearms by a convicted felon and the second is armed robbery.
Both these offenses are very serious and Mercer will need a highly skilled Miami criminal defense attorney to make sure that the correct facts are presented and Mercer only receives the sentence his actions deserve.
Carrying a concealed firearm is in itself an offense in Florida unless the person in possession has a concealed weapons permit also known as a concealed firearm permit. A non permit holder can own a firearm so long as it is kept in the home, business or glove compartment of the car for use as self defense. A person can’t just carry a gun around in Florida on his person without a concealed carry permit. There have been several attempts at passing an open carry law in Florida in the Republican led legislature, however these attempts have been defeated. However, Florida law prohibits a former convicted felon from what is termed “actual” possession or “constructive” possession of either a firearm or ammunition.
The main difference between these definitions is whether the firearm or ammo is being physically held by the person or in very close proximity so that it can be used easily. This is what is termed “actual” possession. The other term refers to a situation where the person has a firearm or ammo but it is at home or somewhere more remote.
Whatever the actual definition, the potential sentence is similar with a potential maximum of 15 years and a potential fine of up to $10,000. The only difference is that “actual” possession carries a mandatory minimum of 3 years, whereas “constructive” possession does not.
Criminal Defense lawyers can also petition to have a former felon’s civil rights restored. In some cases, many if not all civil rights as they refer to carrying a gun may have been restored and this may be used as a defense against this particular charge.
Armed robbery is a much more serious offense and is considered a first degree felony with a maximum sentence of life imprisonment. The actual sentence imposed, if a conviction is sustained, can vary considerably and this will depend very much on how an experienced Miami criminal defense attorney puts up a credible defense for the defendant.
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If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: 305-644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.