fbpx

Attempted Capital Destructive Device Offense



What is an Attempted Capital Destructive Device Offense?

An Attempted Capital Destructive Device Offense involves the unlawful attempt to create, possess, or use a destructive device with the intent to cause significant harm or damage. Under Florida law, a destructive device can include bombs, grenades, and other explosive materials. This offense is considered extremely serious due to the potential for widespread harm and disruption.

What is an Attempted Capital Destructive Device Offense? An Attempted Capital Destructive Device Offense is an unlawful attempt to create, possess, or use a destructive device with the intent to cause significant harm or damage.

According to Florida Statute 790.161, the crime encompasses actions such as making, possessing, throwing, projecting, placing, or discharging any destructive device. The key elements include:

  • Willful and unlawful action: The act must be intentional and without legal justification.
  • Intent to cause bodily harm or property damage: There must be an intention to harm individuals or damage property.
  • Disruption of governmental operations or private affairs: The act should result in significant disruption to public or private operations.

Attempting to commit such an offense carries severe consequences. Understanding the legal definition and elements is crucial for anyone facing these charges or seeking to defend against them. For more information on related offenses, you can explore our Orlando Gun Crime Lawyer page.

It’s important to note that the state of Florida takes these offenses very seriously, given their potential to cause extensive harm and panic. To learn more about specific elements of these offenses, you may find our pages on improper exhibition of a firearm and concealed carry laws helpful.

Destructive Device

If you or a loved one is facing charges for an attempted capital destructive device offense, understanding the specifics of the law is the first step in building a strong defense. For further reading, check out our detailed guide on strategic defense for weapon-involved offenses.

Additionally, you might be interested in our resources on defending against weapon display allegations and discharge of firearms in public. These pages provide comprehensive insights into related offenses and potential defense strategies.

Penalties for Attempted Capital Destructive Device Offense

The penalties for an Attempted Capital Destructive Device Offense in Florida are severe and vary based on the circumstances and outcomes of the attempt. The legal system categorizes these offenses into different degrees of felonies, each with its own set of consequences. The severity of the penalties reflects the potential for harm and disruption these actions can cause.

What are the penalties for an Attempted Capital Destructive Device Offense? The penalties range from a third-degree felony, punishable by up to 5 years in prison, to a capital felony, which can result in life imprisonment or the death penalty.

Here’s a breakdown of the penalties according to the Florida Statutes:

  • Third-Degree Felony: If no harm or damage occurs, this is punishable by up to 5 years in prison, as provided in s. 775.082 or s. 775.084. This category applies when the act is attempted but does not result in any physical harm or property damage.
  • Second-Degree Felony: If there is intent to cause harm or property damage, or if the act results in the disruption of governmental operations, commerce, or private affairs, it is punishable by up to 15 years in prison. This category is more severe due to the intended or actual impact on individuals or operations.
  • First-Degree Felony: If bodily harm or property damage occurs, the offense is punishable by up to 30 years in prison. This reflects the significant consequences of causing actual harm or damage.
  • Capital Felony: If the act results in death, it is punishable by life imprisonment or the death penalty. In cases where the death penalty is deemed unconstitutional, the sentence is life imprisonment without the possibility of parole.

Destructive Device

In addition to these statutory penalties, a conviction can have lasting effects on one’s personal and professional life. The stigma of being branded with such a serious offense can be difficult to overcome. For further insights into related offenses, you might find our page on strategic defense for weapon-involved offenses useful.

For a Level 9 offense under Florida’s Criminal Punishment Code, the score starts at 92 points on the sentencing guidelines score sheet. This is well above the 44-point threshold, which means that a state prison sentence is mandatory.

Understanding the specific penalties is crucial for anyone facing such charges. You should also be aware of other related offenses and their penalties, such as those discussed on our pages about concealed carry laws and improper exhibition of a firearm.

For a Level 9 offense, the minimum sentence is calculated using the formula (total points – 28) x 0.75. With a starting score of 92 points, the minimum sentence is 48 months in state prison. Additional points from other factors can increase this sentence further, underscoring the high severity attributed to these offenses.

Given the complexity and severity of these charges, it is essential to have skilled legal representation. At Leppard Law, our experienced attorneys are well-versed in defending against such charges. We understand the intricacies of the law and can help you navigate the legal system effectively.

Facing these charges can be overwhelming, but you don’t have to go through it alone. Contact us today at 407-476-4111 to schedule a free consultation and discuss your case in detail. Our team is dedicated to providing the support and legal expertise you need to achieve the best possible outcome.

For more information on related topics, you might also be interested in our pages on furnishing weapons to minors and discharge of firearms in public. Each case is unique, and understanding the specific details and potential defenses can make a significant difference in the outcome of your case.

Examples of Attempted Capital Destructive Device Offenses

Understanding the gravity of an Attempted Capital Destructive Device Offense can be aided by examining hypothetical examples. These scenarios illustrate the severe consequences and legal implications of such actions under Florida law.

Hypothetical Scenarios

Example 1: An individual attempts to construct a homemade bomb with the intention of causing a public disturbance. The person is apprehended before the device is completed, preventing potential harm and disruption. This scenario highlights the seriousness of even attempting to create a destructive device, as it can still lead to significant legal penalties.

Example 2: A person is caught trying to place an explosive device in a government building to disrupt operations. Fortunately, the device is discovered and neutralized before it can cause harm. This scenario demonstrates the potential for severe consequences, including lengthy prison sentences, even if the device does not detonate.

Example 3: Someone is found in possession of materials and components that could be used to construct a destructive device. Law enforcement intercepts the individual before they can assemble the device. This example underscores the importance of intent and capability in these cases, as possession of such materials alone can lead to serious charges.

Example 4: An individual attempts to throw a Molotov cocktail at a commercial building to cause property damage. The attempt is thwarted by security personnel, and the device is safely disposed of. This scenario illustrates how the act of attempting to use a destructive device, even if unsuccessful, can result in severe legal repercussions.

What is considered an Attempted Capital Destructive Device Offense? An Attempted Capital Destructive Device Offense involves the unlawful attempt to create, possess, or use a destructive device with the intent to cause significant harm or damage.

These hypothetical scenarios highlight the broad range of actions that can fall under the umbrella of an Attempted Capital Destructive Device Offense. The intent to cause harm or disruption is a critical element, and even incomplete or unsuccessful attempts can lead to severe penalties.

For instance, the Florida Statutes, specifically Chapter 790, outline the various degrees of felonies associated with these offenses. Whether the attempt results in bodily harm, property damage, or merely the intent to cause such outcomes, the legal system treats these actions with utmost severity.

In addition to the legal penalties, individuals charged with these offenses may face significant personal and professional consequences. The stigma of being associated with such serious charges can have long-lasting effects on one’s reputation and future opportunities. For more information on related offenses, you might find our page on discharging any destructive device insightful.

Moreover, the legal complexities surrounding these cases require skilled legal representation. At Leppard Law, our experienced attorneys are well-versed in defending against such charges. We understand the intricacies of the law and can help you navigate the legal system effectively.

Facing charges for an Attempted Capital Destructive Device Offense can be overwhelming. However, you don’t have to go through it alone. Contact us today at 407-476-4111 to schedule a free consultation and discuss your case in detail. Our team is dedicated to providing the support and legal expertise you need to achieve the best possible outcome.

For additional insights into related topics, you might also be interested in our pages on possession of a firearm by a convicted felon and using a firearm while under the influence. Each case is unique, and understanding the specific details and potential defenses can make a significant difference in the outcome of your case.


Defenses Against Attempted Capital Destructive Device Offense Charges

Facing charges for an Attempted Capital Destructive Device Offense can be daunting, but there are several potential defenses that a skilled attorney can explore:

  • Lack of Intent: Demonstrating that there was no intent to cause harm or damage.
  • Entrapment: Proving that the defendant was induced by law enforcement to commit the offense.
  • Insufficient Evidence: Challenging the prosecution’s evidence to show that it does not meet the legal standards for conviction.
  • Mistaken Identity: Arguing that the defendant was not the individual who committed the attempted offense.

Each case is unique, and the best defense strategy will depend on the specific details and circumstances surrounding the charges.

What is a lack of intent defense? A lack of intent defense in an Attempted Capital Destructive Device Offense argues that the defendant did not have the intention to cause harm or damage, which is a crucial element for conviction.

One of the most compelling defenses is lack of intent. If it can be proven that the defendant did not intend to cause harm or property damage, the prosecution’s case can be significantly weakened. This defense requires a detailed examination of the defendant’s actions and statements to demonstrate the absence of malicious intent. For instance, if the defendant was merely curious about the construction of a device without any intention of using it destructively, this could be a viable defense.

Legal Books

Entrapment is another potential defense. This occurs when law enforcement officials induce a person to commit a crime they would not have otherwise committed. For an entrapment defense to be successful, it must be shown that the government’s actions created a substantial risk that the offense would be committed by someone not otherwise ready to commit it. This defense can be particularly effective if there is evidence of coercion or undue pressure by law enforcement.

Insufficient evidence is a critical defense strategy. The prosecution must prove beyond a reasonable doubt that the defendant committed the offense. This involves presenting clear and convincing evidence. If the evidence is circumstantial or lacks credibility, a skilled attorney can argue that it is insufficient for a conviction. This can involve questioning the reliability of witnesses, the accuracy of forensic evidence, or the chain of custody for physical evidence.

What is an entrapment defense? An entrapment defense in an Attempted Capital Destructive Device Offense involves proving that the defendant was induced by law enforcement to commit a crime they would not have otherwise committed.

Mistaken identity is another defense that can be explored. In some cases, the defendant may have been wrongly identified as the perpetrator. This can occur due to faulty witness identification, poor quality surveillance footage, or other factors that lead to a misidentification. By presenting alibi evidence or challenging the identification process, an attorney can cast doubt on the prosecution’s case.

At Leppard Law, we understand the complexities of defending against an Attempted Capital Destructive Device Offense. Our team of experienced attorneys will thoroughly investigate all aspects of your case to identify the best defense strategy. We are committed to protecting your rights and ensuring that you receive a fair trial.

Additionally, the legal landscape for these types of offenses is constantly evolving. Staying abreast of the latest legal precedents and statutory changes is crucial. Our attorneys are well-versed in Florida law, particularly Chapter 790 of the Florida Statutes, which governs weapons and firearms offenses. This knowledge allows us to provide the most effective defense possible.

Moreover, we believe in a collaborative approach to defense. We work closely with our clients to understand their perspective and gather all relevant information. This partnership is key to building a robust defense. If you or a loved one is facing charges for an Attempted Capital Destructive Device Offense, don’t hesitate to reach out to us. Your initial consultation is free, and we are here to provide the support and legal expertise you need.

For more information on related topics, you might find our page on using a firearm while under the influence insightful. Each case is unique, and understanding the specific details and potential defenses can make a significant difference in the outcome of your case.

Remember, the consequences of a conviction for an Attempted Capital Destructive Device Offense can be severe. A conviction can result in lengthy prison sentences, hefty fines, and a permanent criminal record. It is crucial to have a knowledgeable and experienced attorney by your side to navigate the complexities of the legal system and fight for your rights.

Contact Leppard Law today at 407-476-4111 to schedule your free consultation. We are here to help you every step of the way.

For additional insights into related topics, you might also be interested in our pages on discharging any destructive device and possession of a firearm by a convicted felon. Each case is unique, and understanding the specific details and potential defenses can make a significant difference in the outcome of your case.


Infographic depicting the words Attempted Capital Destructive Device Offense


What constitutes an Attempted Capital Destructive Device Offense?

An Attempted Capital Destructive Device Offense involves the unlawful attempt to create, possess, or use a destructive device with the intent to cause significant harm or damage. Under Florida law, a destructive device can include bombs, grenades, and other explosive materials.

What are the penalties for Attempted Capital Destructive Device Offense?

The penalties for an Attempted Capital Destructive Device Offense are severe and vary based on the circumstances and outcomes of the attempt. They can include:

  • Third-Degree Felony: If no harm or damage occurs, punishable by up to 5 years in prison.
  • Second-Degree Felony: If there is intent to cause harm or property damage, punishable by up to 15 years in prison.
  • First-Degree Felony: If bodily harm or property damage occurs, punishable by up to 30 years in prison.
  • Capital Felony: If the act results in death, punishable by life imprisonment or the death penalty.

How can an attorney defend against Attempted Capital Destructive Device Offense charges?

A skilled attorney can explore several defenses against Attempted Capital Destructive Device Offense charges, such as:

  • Lack of Intent: Demonstrating that there was no intent to cause harm or damage.
  • Entrapment: Proving that the defendant was induced by law enforcement to commit the offense.
  • Insufficient Evidence: Challenging the prosecution’s evidence to show that it does not meet the legal standards for conviction.
  • Mistaken Identity: Arguing that the defendant was not the individual who committed the attempted offense.

What are some examples of Attempted Capital Destructive Device Offenses?

Examples of Attempted Capital Destructive Device Offenses include:

  • Attempting to construct a homemade bomb to cause a public disturbance.
  • Trying to place an explosive device in a government building to disrupt operations.


Additional Practice Areas

Explore other areas of practice we specialize in to see how we can assist you:

Orlando Gun Crime Lawyer Improper Exhibition of a Firearm
Concealed Carry Laws Strategic Defense for Weapon Offenses
Defend Against Weapon Display Allegations Discharge of Firearm in Public
Motion for Return of Firearm Furnishing Weapons to Minors
Possession of a Firearm by a Convicted Felon Altering a Firearm’s Serial Number
Using a Firearm While Under the Influence Discharging Any Destructive Device
Possession of Short-Barreled Rifle Making a Fake Bomb Threat
Threat to Discharge Destructive Device Reckless Discharge of a Firearm

Top-Rated Attempted Capital Destructive Device Offense Attorneys Serving Florida

Choosing the appropriate legal representation is crucial when pursuing a claim. A seasoned, committed Weapons attorney ensures you’re equipped to make informed choices at each phase of the process.

  • John Vallillo: As a stalwart in the Florida legal scene, John Vallillo has earned his stripes through a consistent record of case dismissals and proactive defense. His background as both a prosecutor and defense attorney enriches his strategic defense planning with invaluable insights.
  • Joe Easton: Renowned for crafting winning defenses, Joe Easton’s approach to legal advocacy in Florida combines thorough preparation with aggressive representation. His notable recognitions and ratings stand testament to his exceptional service and client-focused approach.
  • Joel Leppard: Joel Leppard infuses every Weapons case with a level of personal commitment and innovative thinking that sets him apart. His leadership has not only grown Leppard Law into a top-rated criminal defense law firm but also ensured that clients receive empathetic, effective legal care.

Discover What Our Clients Are Saying

At the forefront of our Weapons practice is a deep-seated commitment to client satisfaction. Each case is handled with utmost care, as echoed in the appreciative feedback from those we represent. Stellar reviews are what make us one consistently one of Central Florida’s top-rated Weapons law firms. This is just a portion of our hundreds of 5-star reviews on Facebook, Google, Thumbtack, Yelp, and more. You can read more 5-star reviews here: https://leppardlaw.com/reviews/

Contact Leppard Law: Your Defense Starts Here

What does it look like to have a personal relationship with your attorney? Someone who has your back when things get tough? A lawyer that knows you as well as they know your case?

At Leppard Law, we treat our clients like family. We always put their best interests first and fight for the best possible outcome for their case. But you don’t have to take our word for it – experience it for yourself. If you or a loved one have been charged with a criminal offense, contact us today to schedule a free consultation. 407-476-4111

“Best of Orlando” for Criminal and DUI Defense on Thumbtack and Yelp for six years in a row! At Leppard Law, we take immense pride in helping our clients navigate through some of life’s most challenging moments. Your trust and support have fueled our commitment to excellence, and we’re honored to be a part of our shared community.

While we hope you never face a criminal charge, we want you to know that if the need arises, we’re here for you. ONE call to our top-rated criminal defense attorneys can make all the difference. Schedule your consultation today, and let us provide the support and legal expertise you deserve.

Dealing with a criminal charge can be stressful. We make getting the help you need as painless as possible. Contact us today to schedule a free consultation.

As former prosecutors, we’ve sat on their side and mastered their playbook. Now, we’re in your corner, defending your rights with exceptional dedication and expertise. At Leppard Law, we turn our insider knowledge into your strongest defense.

While our courtroom victories speak volumes, they mean little without clear, consistent communication with our clients. We might be known to dominate in court, but our true strength lies in our unwavering commitment to being client-centered. At Leppard Law, you’re not just a case, you’re our mission.

Our robust legal team sets us apart in Central Florida’s landscape of criminal defense. With receptionists, paralegals, and four support staff equipped with Juris Doctor degrees, we bring a higher level of commitment and expertise to your defense. At Leppard Law, we’re more than just attorneys; we’re a dedicated force.

Headed by tech enthusiast Joel Leppard, our firm embraces cutting-edge technology to streamline client services. This digital advantage ensures we’re always a step ahead, offering efficient and responsive legal support. At Leppard Law, we combine tech prowess with legal expertise for unbeatable defense.

Leppard Law has been ranked as #1 on Yelp’s list of “Best Lawyers in Orlando” (out of approximately 8,692 total Orlando law firms listed on Yelp). It is our sincere dedication to our clients that has allowed us to flourish. We encourage you to read our numerous, enthusiastic, five-star reviews on Google, Thumbtack, Avvo, Yelp, and Facebook. We are not happy unless you are completely happy with our services.

Our attorneys are as renowned for their legal skills as they are for their client-focus. Leppard Law is ranked among the “Best Criminal Defense Lawyers in Orlando” by Expertise 2016-24 and “Best DUI Lawyers in Orlando” by Expertise 2016-24.

Our Florida DUI Lawyers & Criminal Defense Attorneys always strive to provide extraordinary customer service to our select clients and promise to provide each client’s case the time, attention, and skillful representation that it deserves and exhaust every possible angle to strive to achieve the best possible outcome for our clients. While we’re not the largest firm in Central Florida, according to Yelp, Avvo, and Thumbtack, our customer service and results are unparalleled. Our experienced criminal lawyers provide our clients with the same resources available from the larger firms, but we’re known for our unique dedication to personal attention.

Leppard Law has over 60 years of combined experienced defending thousands of Floridians accused of crimes. The attorneys are renowned for both their trial advocacy and skillful negotiations, seeking to achieve the best results for their clients–including countless dismissals and reductions. Being charged with a crime, whether it is a misdemeanor or a felony, can cause a lot of anxiety. If you are not properly represented, the stigma of being branded as a “criminal” may follow you around for many years to come. Rest easy and pick up the phone. We’re here to help! 407-476-4111

Awards and Recognitions

But don’t just take our word for it. Reach out to us today and witness our expertise yourself. Here are some of the accolades that highlight our commitment to excellence:

  • SuperLawyers “Rising Star” 2019-2020: Selected by peers, only 1.5% of lawyers achieve this recognition. View Award
  • Awesome Attorneys Orlando 2019-2023: As selected by readers of Orlando Family Magazine and legal peers. View Award
  • Best Criminal Defense Attorneys in Deltona: Highlighted among the 13 Best Deltona Criminal Defense Attorneys by Expertise. View Award
  • Best DUI Lawyers in Orlando: Listed among the best by Expertise from 2016-2024. View Award
  • Top 10 Best DUI Lawyers Near Orlando, Florida 2018-2024: Recognized by Yelp’s ranking system. View Award

Contact us today at 407-476-4111 to schedule your free consultation and let us help you through this challenging time.

Trusted Content


Legally Reviewed by Joe Easton

Expert Florida Weapons Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, with his extensive experience and strategic prowess in DUI and criminal defense, offers more than just legal representation; he brings a commitment to turning legal challenges into triumphs. His approach, combining tenacity in the courtroom with personalized client care, ensures your Weapons case is not just defended but championed with dedication and expertise.

Learn More About Joe Easton