Individuals can face charges under CA Penal Code 18710 – Possession of a Destructive Device or Explosives if the police accuse them of having explosives or any type of destructive device. Individuals can face this charge even if they do not use a destructive device and regardless of their intentions to use these devices.
California treats PC 18710 as a wobbler, meaning that the prosecution can charge it as a misdemeanor or a felony, potentially resulting in severe penalties. You can learn more about this charge and California’s penal codes with a skilled legal team.
Los Angeles DUI Lawyer can help you get in contact with a criminal defense lawyer who can explain these charges in more detail. We’ve helped thousands of people, and we’re standing by 24/7 to offer you assistance.
The Facts About CA Penal Code 18710: Possession of a Destructive Device or Explosives
Individuals can face charges under PC 18710 if accused of having possession of explosives or destructive devices. These charges can apply if individuals have actual possession or constructive possession of a restricted device.
Individuals have actual possession of an item if they have it on their physical person. For example, someone carrying a bomb in a backpack would have actual possession of an explosive device.
Individuals have constructive possession of items if they have control of a device, even if they do not have it in their physical possession.
Knowledge Matters for a PC 18710 Allegation
Individuals should only face a conviction under PC 18710 if the prosecution can prove that they knew they had possession of a destructive device. For example, if an individual receives a bomb from another person, but thinks the device is a toy, they could avoid a conviction under PC 18710.
What Are Destructive Devices and Explosives?
California treats many different items as destructive devices. Individuals can face PC 18710 charges for possession of:
- Projectiles containing incendiary or explosive material (including tracer rounds)
- Grenades
- Bombs
- Explosive missiles
- Breakable containers containing certain flammable liquids
- Some sealed devices containing chemically reactive materials (like dry ice)
Additionally, some weapons that fire large caliber fixed ammunition may qualify. Additionally, some rockets and rocket-propelled projectiles may qualify. An attorney can provide more specific information about items that qualify as explosives and destructive devices.
Results of a PC 18710 Conviction
The results of a conviction for possession of a destructive device or explosives can vary based on how the prosecution treats the charges. PC 18710 qualifies as a wobbler, so some people face misdemeanor charges while others face more severe felony charges.
Penalties for a misdemeanor may include fines of up to $1,000 and up to one year of time in county jail.
A felony conviction can result in up to three years of time in prison and fines of up to $10,000. Additionally, some individuals could face enhanced penalties for possessing a destructive device or explosive in or near certain locations, including:
- Schools and colleges
- Churches, hotels, theaters, halls, and other public buildings
- Public highways and streets
- Private residences
- Cars, cable cars, passenger trains, aircraft, and other vessels that carry passengers for hire
Additionally, a conviction could result in deportation.
Defenses to Handle PC 18710 Accusations
An attorney can explore several defenses to handle charges for possession of a destructive device or explosive. In some cases, a lawyer may focus on showing that:
An Individual Had a Permit for the Device
The California Department of Justice offers permits for some explosive and destructive devices. Individuals who have the appropriate permits should not face a criminal conviction under PC 18710.
An Individual Is Exempt from Prosecution
The court considers some individuals in California exempt from prosecution for PC 18710 violations. For example, some firefighters, law enforcement officers, and members of the armed forces are considered exempt when handling these devices in the scope of their employment and while on duty.
The Police Conducted an Illegal Search or Seizure
Sometimes, police officers find the evidence they use to handle PC 18710 charges through illegal actions that violate the rights of the accused. In these situations, a lawyer may get the evidence blocked or the case thrown out.
Charges Like PC 18710
California has many charges that deal with the alleged possession of dangerous items or weapons. Other similar charges include CA Penal Code 29800 – Felon in Possession of a Firearm and CA Penal Code 30605 – Possession of an Assault Weapon.
An attorney can help with any of these charges, taking steps to protect clients by getting these charges reduced or dismissed. A lawyer can also aggressively fight against these charges in court.
Get Legal Help When Facing PC 18710 Allegations
You can learn more about CA Penal Code 18710 – Possession of a Destructive Device or Explosives from a legal professional who can explain the options to handle these allegations and immediately get to work on a defense.
Los Angeles DUI Lawyer can put you in contact with a criminal defense law firm that can assist with both misdemeanor and felony charges. We’re here to help now, so don’t wait to reach out.
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