CALIFORNIA CRIMINAL LAWYERS

Los Angeles Possession of Destructive Device Materials

Destructive and explosive devices have the capability of resulting in unimaginable damage to both lives and property. For this reason, being found in possession of such equipment is illegal, and if caught with it, you may face a felony offense accompanied by severe penalties.
To convict an individual of having the materials to create a destructive and explosive device, the prosecutor must be able to prove the following:
• The individual had in their possession a substance, material, or both
• The individual had the intention to make an explosive or destructive device when having these items
• The individual lacked a valid permit to form the destructive and explosive device
The term explosive refers to any substance or a combination of elements whose principal purpose is to combust or detonate and can release gas and heat immediately. It could also mean a substance whose primary objective is to mix with another substance that could combust or detonate.
California Penal Code Section 18720 PC does not provide an explicit list of materials that can be considered harmful and could result in an offense. Nonetheless, some substances that could fall under this category are:
• Chemicals, when mixed with other substances that could result in an explosion
• Fertilizer
• Gunpowder
• Blasting caps
Similar offenses that are related can include:
• Possession of a destructive device
• Possessing or manufacturing and selling of dangerous weapons
For example,
The police execute a legal search warrant, and they find bags of ammonium nitrate, some gasoline containers, insulated wires, large-diameter piping used for making pipe bombs, blasting caps, and containers of chemicals in an individual’s garage. In addition, the police find pamphlets from a known dangerous protest group in the garage. Based on the objects found, this individual can be accused of possessing materials to create destructive devices and can face a lengthy prison sentence.
In a different scenario, an individual in a remote rural location is found with a large amount of fertilizer stored in a shed. The individual intended on using it on his property when planting in the spring. Although the fertilizer could possibly be used to make a bomb, the individual will not be convicted of possessing destructive devices because it is being used for a legitimate purpose, i.e., growing crops on his farm.
Defense for Possession of Destructive Device Materials
If there was no intention to make a destructive or explosive device, then the individual cannot be held criminally liable.
Moreover, if the police conducted an improper search, the materials for the destructive and explosive devices would be inadmissible in court.
Penalties for the Offense
The penalty for the possession of materials to create destructive or explosive devices is a felony, punishable by a prison sentence of up to four years.
If you have been accused of possessing materials to create destructive or explosive devices, our experienced attorneys are available to help you through the legal process. Our knowledgeable attorneys will examine the charges and assist you in obtaining the possible outcome for your case.