California law treats allegations involving destructive devices extremely seriously. A charge involving a bomb, grenade, explosive projectile, or similar device can expose a person to substantial criminal penalties and long-term consequences. These cases are often highly technical, fact-intensive, and aggressively prosecuted.
At the Law Office of H. Charles Gorian, we understand that charges involving destructive devices often turn on close legal and factual questions, including whether the item actually qualifies as a destructive device under California law, whether the defendant knowingly possessed it, and whether the evidence was obtained lawfully. If you are under investigation or have been charged, it is important to seek legal guidance as early as possible.
Call (951) 395-0511 today for a free and confidential consultation.
What Is a Destructive Device Under California Law?
California Penal Code section 18710 makes it a crime to possess a destructive device within the state, except as otherwise provided by the chapter. A conviction may be punished by up to one year in county jail, state prison, a fine of up to $10,000, or both imprisonment and a fine.
The term “destructive device” is defined by Penal Code section 16460 and includes a range of specifically listed weapons and explosive items, including:
- explosive or incendiary projectiles
- bombs, grenades, explosive missiles, or similar devices
- certain rockets or rocket-propelled projectiles
- certain weapons over .60 caliber and related ammunition
- certain flammable breakable containers with an ignitable wick
- certain sealed dry-ice or chemically reactive explosive devices
The statute also contains important exclusions and exceptions. Because of that, whether an item legally qualifies as a destructive device is often one of the most important issues in the case.
Possession Charges Can Be Highly Technical
A destructive-device case is not always as simple as it may first appear. Prosecutors still must prove the facts necessary to establish unlawful possession, and the item at issue must fall within California’s statutory definition. In some cases, the defense may focus on whether the defendant actually possessed the item, whether the defendant knew of its presence, whether the object qualifies under the statute, or whether law enforcement obtained the evidence through an unlawful search or seizure. These issues can be especially important in vehicle searches, home searches, or cases involving shared property or multiple occupants. The underlying possession statute and definition are set out in Penal Code sections 18710 and 16460.
Common Defenses to Destructive Device Charges
Every case depends on its own facts. Possible defenses may include:
- The accused did not knowingly possess the item
- The item does not meet California’s legal definition of a destructive device
- The accusation is false or based on mistaken ownership or control
- The evidence was obtained through an unlawful search or seizure
- The prosecution cannot prove all required elements beyond a reasonable doubt
Because these charges often involve technical statutory definitions and serious sentencing exposure, a careful review of the police reports, search procedures, photographs, testing, and chain of custody can be critical.
Speak with a Criminal Defense Attorney
If you have been charged with possessing a destructive device, do not assume the case is straightforward. These allegations can carry severe penalties, and the legal issues are often more complicated than they first appear.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today for a free and confidential consultation.