California Penal Code 18710 PC

18710 PC – Possessing Destructive Devices

18710 PC - Possessing Destructive Devices

Possessing Destructive Devices – Table of Contents

California Penal Code Section 18710 PC – Overview

If you or someone familiar to you owns any destructive device in California other than fixed ammunition of a higher caliber than 0.60 calibers, you may violate California Penal Code 18710 – 18780. Even if these weapons are accidentally detonated, the California legislation knows that the potential damage that destructive devices and explosives may wreak is enormous.

What qualifies as a destructive or explosive device in California?

Definitions of harmful devices are expanded upon in PC 16460. That which is intended to harm, such as Devices that meet the criteria for being destructive or explosive.

  • Tracer or incendiary ammunition, except for tracer ammunition designed for use in shotguns, including any explosive or incendiary ingredient or any other chemical matter.
  • Anything that may be used as a launcher, such as a bomb, grenade, explosive missile, or similar weapon.
  • Larger than 0.60-inch-diameter rockets, rocket-propelled projectiles, similar devices, and any launching equipment.
  • Any fragile container with a wick or other ignition source containing a liquid with a flashpoint below 150 degrees Fahrenheit.
  • Any sealed contraption designed to explode, often holding dry ice or other chemically reactive material.

California Penal Code Section 18710 PC – Sentencing

Your past criminal history and the nature and context of the accused offense. It shows that, depending on the situation, the offense may be prosecuted and punished as a misdemeanor or a felony.

Possible misdemeanor sanctions include a possible term of up to a year in county jail or an up to $1,000 fine.

Potential criminal penalties include: Depending on the gravity of the offense, a fine of up to $10,000 or a state prison sentence of sixteen months, two or three years.

Suppose you are convicted of possessing explosives or a dangerous device in California. In that case, the court will not have the option to sentence you to probation instead of incarceration or prison, as is the case for many other felonies in the state. The hazardous gadget will likely be confiscated and disposed of if you are guilty of this offense.

Enhanced penalties for violating Penal Code 18710 PC

If you are discovered to be carelessly or knowingly in possession of an explosive device in any of the following locations; a community street or highway, in or near any movie theatre, auditorium, education institute, chapel, restaurant, or other community centers, in or close to any residential building, in, on, or close to an airplane, commuter train or vehicle, or other public location, you will face extra penalties under Penal Code 18715. You will face felony penalties of two to six years in prison.

The minimum term for violating PC 18740 is three years. Still, it can go up to five or seven if it can be shown that the criminal meant to inflict bodily harm on the victim., intimidate another person, or cause damage to another person’s property.

The maximum possible term for violating PC 18750 is five, seven, or nine years in state prison if the defendant has the specific purpose of causing serious bodily injury to another person.

Finally, under California Penal Code 18755, you might face life in prison without parole if your gadget directly leads to another person’s death or serious physical injury.

Some examples of related or parallel crimes are as follows:

  • Producing, Selling, or Owning Deadly Weapons – Section 16590 PC of the California penal code.
  • Producing, Selling, or Owning Deadly Weapons – Section 16590 PC of the California penal code.
  • California Penal Code Section 29800 PC – Illegal Possession of a Firearm

California Penal Code Section 18710 PC – Prosecuting

According to Section 18710 PC of the California Penal Code, the following must be proven to convict someone of a crime:

  1. The accused had a lethal munition.
  2. The defendant knew the item was there and that it could be dangerous.

California Penal Code Section 18710 PC – Defenses

Criminal defense attorneys are invaluable resources for anybody facing charges related to possessing a weapon of mass destruction. The sooner you receive assistance, the better your prospects of successfully fighting this accusation. Your attorney might assist you by arguing that:

You were within the law when possessing a weapon of mass destruction.

The state of California’s Department of Justice permits certain persons to possess dangerous devices. It is illegal to have a weapon of mass destruction without a license. If you have a valid license, you should tell your lawyer so that they can start working on your case immediately.

In executing your official duties, you had potentially lethal equipment.

Police officers, soldiers, and firefighters may all occasionally be called upon to deal with weapons of mass destruction. These people should not be prosecuted under PC 18710 if they are found in possession of a destructive device while on the job.

You did not have a weapon of mass destruction.

Some instances of damaging devices were discussed before; however, there is no definitive list of such devices in California. It’s possible to be falsely accused of having a damaging gadget when the thing in question is not genuinely harmful to anyone.

We Want to Help

If you or someone close to you are under investigation or arrest for destructive devices, do not make a statement to the authorities without first contacting your criminal defense lawyer.

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Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases.

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June 4, 2018
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