California Penal Code Section 18710 prohibits the illegal possession of destructive devices other than fixed ammunition of a caliber greater than 0.60 inches.
The prosecutor must establish the following elements to prove that the defendant is guilty under California PC Section 18710 possessing destructive or explosive devices.
In California a destructive device is defined as the following:
In California, there are many prohibited devices and weapons and some of them include bombs, missiles, rocket or grenade launchers, and land mines
According to California law possession of destructive devices can be actual and constructive. Actual possession is when the defendant has the dives in his physical possession. Constructive possession occurs when a defendant has control over the device but doesn’t have actual possession over it. Consequently, a defendant doesn’t have to actually touch or hold the device for it to qualify as a possession.
Penalties for a PC section 1817 conviction is a wobbler and can be punished as either a misdemeanor or a felony, depending on the defendant’s criminal history and the case facts.
Penalties for misdemeanor penal code 18710 conviction include the following:
Penalties for felony penal code 18710 conviction include the following:
Under PC 18715 reckless or malicious possession of a destructive device in the following locations can increase the sentence:
The defendant will face felony penalties of two, four, or six years in state prison.
In case the prosecutor establishes that defendant had the intention to intimidate, injure, or terrify a person, or to wrongfully destroy or injure or property under PC 18740 the penalties include three, five, or seven years in state prison.
In case the defendant had malicious intent to injure another person with the device under under PC 18755 the penalties include five, seven, or nine years imprisonment in state prison.
In case the defendant caused death to another person under PC 18755, the penalties include a life sentence without the possibility of parole.
Truck accidents, often resulting in serious injuries and fatalities, have a profound impact on road safety. Preventing truck accidents is…
In the world of transportation, the trucking industry serves as a backbone for the movement of goods across the country.…
Truck accidents can have horrific results, including serious injuries, fatalities, and substantial legal repercussions. A number of well-known truck accident…
With its ability to move cargo over long distances and maintain the flow of the supply chain, the trucking industry…
Since we share the road with an increasing number of commercial trucks, it becomes imperative to understand the challenges faced…
Truck accidents are not just confined to traffic regulations. They often traverse into the complex territory of criminal liability. Understanding…