Possessing Destructive Devices

Digital BombUnder the California Penal Code, there are penalties for possessing things that are considered destructive devices. Anyone who is caught with one of the destructive devices contained within California Penal Code 18710 faces a serious criminal charge that can result in serious prison time and/or hefty fines.  If someone is unfortunate enough to be charged with possession of a destructive device, he needs to realize it is a very serious charge that needs to be taken seriously. The first step someone charged with this offense needs to do is to enlist the help of a bail bond service.

Here is a closer look at this serious crime and the legal ramifications for those charged with it.

List of Destructive Devices

There are many devices that are considered a destructive device under the terms of the California law. This list includes rocket-propelled missiles, bombs, bombs and projectiles that contain any kind of incendiary or explosive material.

No matter what reason is that someone has one of these devices in their possession, they can be charged with possession of a destructive device under the letter of the law. It doesn’t matter whether or not the suspect is guilty of plotting to use the device for nefarious purposes or not. Simply having a destructive device in a person’s possession is enough to earn a charge of possession of a destructive device.

Latitude for Prosecutors

When a law enforcement officer arrests a suspect for possession of a destructive device, the district attorney’s office has flexibility to decide whether or not the charge will be a misdemeanor or a felony. The level of the charge depends on several factors. One of the most important factors is whether or not the suspect has a prior criminal history. If the suspect has a history of violent crime in the past, he is much more likely to be charged with a felony.

It also depends on the circumstance of the particular offense. If it seems like the suspect was actually preparing to use the destructive device, he will be almost certainly charge with a felony. On the other hand, a suspect who has a destructive device that is just gathering dust on a shelf will likely just be charged with a misdemeanor.

The felony charge of possession of a destructive device carries with it a prison term of up to three years as well as a fine of up to $10,000. For the misdemeanor offense of possession of a destructive device, the maximum sentence is one year in a county jail as well as a maximum fine of $1,000.

A Serious Offense

There is no use of rotting in jail while waiting to be tried for a serious offense like this. It will be much easier to regroup and fight the charge from outside the jail.

Don’t mess around with a criminal charge that is this severe. Make sure to do everything possible to keep the consequences to a minimum. Bail out of jail and get legal help to keep the incarceration period and legal fines down to a minimum.

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