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The severe consequences of owning illegal destructive devices in Los Angeles have been a subject of significant media coverage in recent years. Though acts of terror have increasingly shaped public policy and security, California law strictly forbids individuals from owning or keeping specific dangerous items, whether or not they intend to commit a terrorist act. Familiarizing yourself with these laws can keep you out of trouble when it comes to owning or making destructive devices.
What Is a Destructive Device?
Under Section 18710 of the California Penal Code, owning any other destructive device apart from fixed ammunition with a caliber less than 0.60 is prohibited. Such destructive devices may be self-made or professionally manufactured and possess the potential to cause significant harm or destruction. Examples of such devices are:
– A projectile comprising of incendiary material or explosives
– A grenade or bomb or a launcher for these items
– A rocket-powered device with a diameter that exceeds 0.60 inches
– A fragile container filled with flammable liquid and a wick or fuse
– A sealed device containing chemical substances tailored to induce an explosion.
The legality of a destructive device is independent of whether such a device was ever used or not, and merely constructing such a device is sufficient grounds for arrest and prosecution by authorities.
Legal Examples
For instance, Mark and Rob are spending time together after work when Mark shares that he read instructions for a pipe bomb online and wishes to produce one. Mark and Rob fill a PVC pipe with gunpowder, cap the edges, and insert a fuse. They then detonate the pipe bomb in an isolated, wooded region.
Mark and Rob may both face arrest and prosecution. Though neither one of them intended to injure anyone with the device, they created a sealed device containing explosive materials specifically for the purpose of creating an explosion.
Legal Penalties
As per the law, owning or carrying a destructive device may be charged as a misdemeanor or a felony. A guilty verdict for this offense may result in:
– Incarceration in a county jail for up to one year
– Imprisonment in a state prison for up to three years
– A fine of up to $10,000
– A fine and a jail term.
It is essential to remember that possessing a dangerous device doesn’t necessarily entail physically carrying it. If found in your garage, closet, car or in direct control, the device is deemed to be in your possession.
Legal Defenses
Fighting charges against destructive device possession in court is vital as a conviction may result in the denial of employment and follow you throughout your life. Our legal team can assist in creating a robust defense strategy against these charges. For instance, we may contend that:
– You didn’t create or own the device
– The device was fabricated for educational purposes not to explode
– There isn’t enough evidence to prove you created or owned the device.
A successful defense against these charges in court can safeguard your freedom and prevent jail time or a fine.
In Los Angeles, it’s illegal to construct, have direct control over, or possess destructive devices. According to the California Penal Code Section 18710, possessing any destructive device except those categorized as fixed ammunition with a caliber greater than .60 is illegal. The following are examples of destructive devices.
| Device | Description |
|---|---|
| Explosive Projectiles | These are examples of artillery shells, exploding bullets or shotgun rounds containing explosive materials or incendiary substances. |
| Grenades or Bombs | These devices are explosive weapons formed in various shapes and sizes, and their sole function is to detonate. |
| Rocket-Propelled Devices | These devices comprise of missiles, grenades or rockets launched using rocket-propulsion technology. |
| Flame Throwers | These devices project a stream of flammable fluid onto a portable source of ignition, causing a fire. |
| Explosive Booby Trap Devices | These devices are traps set to harm others and are created to ignite an explosive substance. |
| Molotov Cocktail | These devices grenades made of a gasoline-filled bottle dipped in phosphorus, creating a flame on impact. |
California Penal Codes outlaw possessing, manufacturing or having control over destructive devices. The legality of the device is independent of the owner’s intent. A condemnation for this offense may result in serious felony or misdemeanor charges. The following are penalties that may be subjected to a guilty charge.
| Offense | Penalty |
|---|---|
| Possession of Illegal Destructive Devices | Imprisonment for up to a year or a fine not exceeding $10,000. |
| Creating or Disposing of an Illegal Destructive Device | Imprisonment for up to three years or a fine no less than $10,000. |
| Criminal Use of an Illegal Destructive Device | Confinement for up to 4years or a fine of no less than $10,000. |
| Reckless Dismissing of Destructive Devices | Confinement in county jail for up to six months, a fine of up to $1,000, or both. |
In California, a destructive device generally refers to any form of a weapon or bomb designed to cause death or significant collateral damage. This includes grenades, rockets, bombs, explosive tendons and other weapons that emit harmful gases or chemicals.
Ownership is determined when the person:
– Has the direct authority to exercise self control over an illegal destructive device
– Has access or maintains a destructive device, and
– Controls or manipulates the device.
Manufacturing destructive devices comprise of:
– Creating, converting or building or assisting in manufacturing explosive devices
– Disposing of component materials in realising a destructive device (such as light bulbs, matches or gun powder), and
– Combining or assembling explosive devices.
Fighting against the conviction of possessing illegal destructive devices is crucial because a guilty verdict may lead to loss of employment with prosecutors using such charges to restrict one’s life. Utilising a reliable legal team may help counter these illegal destructive device charges in many ways. The following are several legal defenses that may help.
The device was possessed or created by someone else
One of the fastest ways to defend against charges of possessing illegal destructive devices is to argue that the device did not belong to you. Simplistically, this legal defense would require that the prosecuted individual prove that they did not create or obtain the illegal destructive device.
The device was created for educational purposes only
Another popular yet valid defense strategy is to prove that the destructive device was meant for educational purposes only. This can be established by presenting evidence including blueprints, schematics or books relating to the creation of the device.
The prosecution doesn’t have sufficient evidence
Finally, if the possession of destructive devices was only evident circumstantially, a defense attorney could argue that the prosecution lacks sufficient evidence to prove that the accused committed the crime. This legal defense can also be effective, particularly when an individual has been falsely accused of possessing illegal destructive devices.
In conclusion, anyone found guilty of possessing, owning, manufacturing or having control over illegal destructive devices in California may face severe felony charges, imprisonment and substantial fines. Seeking legal representation against these charges may help one avoid unnecessary trouble and mitigate the resulting legal consequences.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS