Penal Code 18710 makes it a crime to possess a destructive device under California law. Such devices include bombs, grenades, certain rockets, projectiles containing explosive materials, rocket-propelled projectiles, and others. Unlike laws in the same realm where just the possession of something is not illegal, this statute makes it illegal simply to possess one of these devices. The defendant need not have had the intention to use it in order for the behavior to be deemed criminal.
However, to be guilty of the crime of possessing a bomb or other explosive device in California, you need to have both known that you possessed the device, and known that it was considered a destructive device.
Possession of a Destructive Device may be prosecuted as either a misdemeanor or a felony, depending on the circumstances of your case and your criminal record, if any. There are many legal defenses used to fight these charges, including being falsely accused, showing that that the evidence was the result of an illegal search and seizure, or showing that the device doesn’t qualify as a “destructive device” under state law.
If you’ve been charged with the possession of a destructive device, you need an attorney that understands the technical nuances associated with such charges. Call the law firm of H. Charles Gorian. We understand these laws and we are prepared to battle for your legal rights. We will work tirelessly to build the strongest case in your defense. We have helped men and women throughout Riverside County, San Bernardino County, Orange County, and San Diego County, and we may be able to help you.
One phone call could be the difference between harsh criminal penalties and freedom. Call our lawyer today for a free, no-risk, no-obligation case evaluation.