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Make, Possess, or Throw Destructive Device With Intent to Do Bodily Harm or Damage Property



Understanding the Crime: Make, Possess, or Throw Destructive Device With Intent to Do Bodily Harm or Damage Property

In Florida, the crime of making, possessing, or throwing a destructive device with intent to do bodily harm or damage property is a serious offense. This section will define what constitutes a destructive device and explain the legal elements involved in this crime. According to Florida Statute 790.161, a destructive device can include any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device.

What is a destructive device under Florida law? A destructive device is defined as any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or a similar device.

The legal definition of this crime involves the willful and unlawful act of making, possessing, or using a destructive device with the specific intent to cause bodily harm or property damage. The prosecution must prove that the defendant had the intent to harm or damage, and that the device in question meets the statutory definition of a destructive device.

To be convicted of making, possessing, or throwing a destructive device with intent to do bodily harm or damage property, the prosecution must establish several elements:

  • Willful and unlawful act: The defendant must have acted intentionally and without legal justification.
  • Possession or use of a destructive device: The defendant must have either made, possessed, or used a device that meets the legal definition of a destructive device.
  • Intent to harm: The defendant must have had the specific intent to cause bodily harm to a person or damage to property.

Understanding these elements is crucial for anyone facing such charges. For instance, if a person is found with a homemade bomb, the prosecution must prove that the individual intended to use it to cause harm or damage.

In many cases, the prosecution will rely on evidence such as witness testimony, forensic analysis, and the defendant’s own statements to establish intent. It’s essential to have a skilled defense attorney who can challenge the prosecution’s evidence and argue that the defendant did not have the requisite intent.

Additionally, the context in which the device was found can play a significant role. For example, a person possessing fireworks without the intent to harm may face different charges compared to someone who possesses the same items with a clear intent to use them destructively.

If you or a loved one is facing charges related to destructive devices, it’s crucial to seek legal advice immediately. An experienced attorney can help navigate the complexities of the law and build a robust defense strategy. For more information on related offenses, visit our page on making a fake bomb threat.

Destructive Device

In summary, the crime of making, possessing, or throwing a destructive device with intent to do bodily harm or damage property is a complex legal issue that requires a thorough understanding of the law. By consulting with an experienced attorney, you can ensure that your rights are protected and that you receive the best possible defense.

For more on how to defend against such charges, visit our section on defending weapon display allegations.

Penalties for Making, Possessing, or Throwing a Destructive Device

The penalties for making, possessing, or throwing a destructive device with intent to do bodily harm or damage property vary based on the severity of the act and its consequences. Under Florida law, this crime can be classified as a third-degree, second-degree, first-degree, or capital felony, depending on the circumstances.

Penalties for Destructive Device Offenses

Degrees of Felony and Corresponding Penalties

A third-degree felony is punishable by up to 5 years in prison, while a second-degree felony can result in up to 15 years of imprisonment. If the act results in bodily harm or property damage, it becomes a first-degree felony, carrying a penalty of up to 30 years. In cases where the act results in death, it is classified as a capital felony, which can lead to life imprisonment or the death penalty.

What are the penalties for making, possessing, or throwing a destructive device? The penalties range from a third-degree felony punishable by up to 5 years in prison to a capital felony, which can lead to life imprisonment or the death penalty.

Let’s break down these penalties in detail:

  • Third-Degree Felony: Up to 5 years in prison. This applies when the act is committed without causing bodily harm or property damage.
  • Second-Degree Felony: Up to 15 years in prison. This is applicable if the act is intended to cause bodily harm or property damage, or if it disrupts governmental operations or commerce.
  • First-Degree Felony: Up to 30 years in prison. This penalty is imposed if the act results in actual bodily harm or property damage.
  • Capital Felony: Life imprisonment or the death penalty. This is the most severe penalty, reserved for cases where the act results in death.

It’s important to understand that the penalties for these crimes are not just about the length of imprisonment. They also come with other significant consequences, including:

  • Fines: Conviction can result in substantial fines, which add financial strain to the legal consequences.
  • Probation: In some cases, probation might be imposed, adding further restrictions to the convicted individual’s freedom.
  • Criminal Record: A felony conviction will remain on your criminal record, affecting future employment opportunities, housing, and other aspects of life.

For example, someone convicted of a third-degree felony for possessing a destructive device might face up to 5 years in prison, a hefty fine, and several years of probation. The long-term impact of such a conviction can be devastating, affecting job prospects and personal relationships.

Moreover, the Florida Criminal Punishment Code assigns offense levels for these crimes, which can influence sentencing. For instance, a Level 6 offense has a starting point of 36 on the sentencing guidelines score sheet. If additional charges or violations are present, the total points could surpass 44, leading to a mandatory state prison sentence. Without extra points, alternative sanctions like probation, fines, or community service are more likely. This nuanced approach to sentencing underscores the importance of having an experienced Orlando Weapons Crimes Lawyer who can navigate these complexities.

Understanding the severe penalties associated with these offenses highlights the necessity of robust legal representation. If you or a loved one is facing such charges, it’s crucial to seek expert legal advice immediately. An experienced attorney can help explore potential defenses and work towards reducing or dismissing the charges. At Leppard Law, our dedicated team is here to provide the support and legal expertise you need. Contact us today for a free consultation at 407-476-4111.

For more information on related offenses, check out our resources on returning firearms and possession of a short-barreled rifle.

Examples of Making, Possessing, or Throwing a Destructive Device

To better understand this crime, let’s look at some hypothetical examples. Imagine a person constructing a homemade bomb with the intent to harm a neighbor due to a personal dispute. This act would fall under the crime of making a destructive device with intent to do bodily harm.

Hypothetical Scenarios

Another example could be an individual possessing a grenade with the intent to use it to damage a rival’s property. If caught, this person could be charged with possessing a destructive device with intent to damage property. These examples illustrate the seriousness and potential consequences of such actions.

Consider a scenario where a person throws a Molotov cocktail at a commercial building, intending to cause significant property damage. This action would be classified as throwing a destructive device with intent to damage property, leading to severe legal repercussions.

What constitutes making, possessing, or throwing a destructive device? Making, possessing, or throwing a destructive device involves the creation, ownership, or use of an explosive or incendiary device with the intention to cause harm or damage.

In yet another scenario, imagine a student bringing an improvised explosive device (IED) to school with the intent to harm classmates. This act is not only a severe violation of the law but also endangers the lives of many. According to Florida Statute 790.161, such actions are heavily penalized.

Let’s explore a case where an individual is found with components to assemble a destructive device. The mere possession of these parts, with the intent to create a harmful device, can lead to charges of making a destructive device. The prosecution must demonstrate that the individual had a clear intention to use these components to cause harm or damage.

In some instances, individuals may mistakenly believe their actions are harmless. For example, someone might construct a small explosive device as a prank. However, if this device is intended to cause fear or damage, it falls under the purview of Florida’s strict laws against destructive devices. The penalties for such actions are severe and can include significant prison time.

An example of a more complex case could involve a group of individuals conspiring to use a destructive device to disrupt governmental operations. This scenario would not only involve charges of possessing a destructive device but could also include additional charges related to terrorism or conspiracy, further complicating the legal situation.

These hypothetical scenarios highlight the various ways in which the crime of making, possessing, or throwing a destructive device can manifest. The common thread is the intent to cause harm or damage, which is a critical element in prosecuting these cases. Understanding the gravity of these actions underscores the importance of adhering to the law and avoiding behaviors that could lead to severe legal consequences.

If you or a loved one is facing charges related to destructive devices, it is crucial to seek legal representation immediately. An experienced attorney can provide guidance on the best course of action and help build a strong defense. For more information on related offenses, visit our page on reckless discharge of a firearm.

In summary, making, possessing, or throwing a destructive device is a serious offense with far-reaching implications. If you find yourself in such a situation, do not hesitate to contact Leppard Law: Weapons Defense Attorneys at 407-476-4111. Our experienced team is here to provide the support and legal expertise you need.


Defenses Against Charges of Making, Possessing, or Throwing a Destructive Device

If you are charged with making, possessing, or throwing a destructive device with intent to do bodily harm or damage property, several defenses may be available. An experienced attorney can help you explore these defenses to potentially reduce or dismiss the charges.

Common defenses include lack of intent, where the defendant did not intend to cause harm or damage, and mistaken identity, where the defendant was wrongly identified as the perpetrator. Additionally, a defense attorney might argue that the device in question does not meet the legal definition of a destructive device. Each case is unique, and a skilled attorney can provide the best defense based on the specific circumstances.

One of the first avenues a defense attorney might explore is questioning the intent behind the possession or creation of the device. According to Florida Statute 790.161, the prosecution must prove that the defendant had the intent to cause harm or damage. If this intent cannot be established beyond a reasonable doubt, the charges may be reduced or dismissed.

Another potential defense is mistaken identity. In cases where the evidence is circumstantial or based on eyewitness testimony, it is possible that the wrong person has been accused. A thorough investigation and the presentation of alibi evidence can help establish that the defendant was not involved in the alleged crime.

What is the legal definition of a destructive device? A destructive device includes any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device according to Florida Statute 790.161.

Additionally, the defense may argue that the device in question does not meet the legal definition of a destructive device. For instance, if the device lacks certain components or does not function as intended, it may not qualify under the statute. This technical defense requires a detailed understanding of the law and the specific characteristics of the device in question.

In some cases, a defense attorney might challenge the legality of the search and seizure that led to the discovery of the device. If law enforcement officers conducted an illegal search or violated the defendant’s constitutional rights, any evidence obtained during that search may be inadmissible in court. This can significantly weaken the prosecution’s case and lead to a dismissal of the charges.

Gavel and Scales Symbolizing Criminal Law

Another defense strategy might involve demonstrating that the defendant had no knowledge of the device’s presence or its intended use. For example, if the device was found in a shared space or vehicle, the defense could argue that the defendant was unaware of its existence. This lack of knowledge can be a critical factor in negating the intent to cause harm or damage.

Moreover, a defense attorney might present evidence of coercion or duress. If the defendant was forced to create, possess, or use the device under threat of harm to themselves or others, this can serve as a powerful defense. Establishing duress requires detailed evidence and testimony, but it can significantly impact the outcome of the case.

In some instances, the defense might focus on the defendant’s mental state at the time of the alleged crime. If the defendant was suffering from a mental illness or impairment that affected their ability to form intent, this could be a mitigating factor. Expert testimony from mental health professionals can be crucial in establishing this defense.

What is the significance of intent in these cases? The prosecution must prove that the defendant had the specific intent to cause bodily harm or property damage. Without this intent, the charges may not hold.

Lastly, the defense might explore the possibility of a plea bargain or alternative sentencing options. In some cases, the prosecution may be willing to reduce the charges or recommend a lighter sentence in exchange for a guilty plea. This can be a strategic way to avoid the most severe penalties associated with a conviction.

If you or a loved one is facing charges related to the making, possessing, or throwing of a destructive device, it is crucial to seek legal representation immediately. The experienced attorneys at Leppard Law: Weapons Defense Attorneys are here to help. Contact us at 407-476-4111 to schedule a consultation and discuss your case. We are committed to providing the best possible defense and ensuring that your rights are protected.


Infographic depicting the words Make, Possess, or Throw Destructive Device With Intent to Do Bodily Harm or Damage Property


What is a destructive device under Florida law?

A destructive device under Florida law is defined in Florida Statute 790.161 and includes any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device.

What are the penalties for making, possessing, or throwing a destructive device in Florida?

The penalties for making, possessing, or throwing a destructive device in Florida vary based on the severity and consequences of the act. It can range from a third-degree felony, punishable by up to 5 years in prison, to a capital felony, which can lead to life imprisonment or the death penalty if it results in death.

What defenses are available against charges of making, possessing, or throwing a destructive device?

Defenses against charges of making, possessing, or throwing a destructive device may include lack of intent, mistaken identity, or arguing that the device does not meet the legal definition of a destructive device. An experienced attorney can help explore these defenses.

What should I do if I’m charged with making, possessing, or throwing a destructive device?

If you are charged with making, possessing, or throwing a destructive device, it is crucial to seek legal representation immediately. Contact an experienced criminal defense lawyer who can help you understand your rights and build a strong defense.

Contact Us

Dealing with charges related to destructive devices is a serious matter. At Leppard Law, we treat our clients like family and fight for the best possible outcome for their cases. If you or a loved one have been charged with a criminal offense, contact us today to schedule a free consultation. Call us at 407-476-4111.


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Top-Rated Weapons Lawyers Serving Florida

Looking for the best Weapons lawyers in Florida? Our distinguished team of attorneys is committed to offering you the best possible defense against your Weapons charges.

  • 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.
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