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Possessing, Displaying, or Threatening to Use Any Hoax Bomb While Committing or Attempting to Commit a Felony



Understanding the Crime of Possessing, Displaying, or Threatening to Use Any Hoax Bomb While Committing or Attempting to Commit a Felony

Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony is a serious offense under Florida law. A hoax bomb is defined as any device or object that appears to be, or is represented to be, a destructive device or explosive but is, in fact, an inoperative facsimile or imitation. This crime is classified as a felony of the second degree, punishable by severe penalties.

What is a hoax bomb? A hoax bomb is any device that appears to be or is represented to contain a destructive device or explosive, but is actually an inoperative imitation.

Florida law takes this crime very seriously due to the potential for causing widespread fear and disruption. For example, an individual using a hoax bomb during a theft can cause panic, leading to significant law enforcement mobilization and public distress.

Law and Order

To understand this crime, it is essential to know its legal definition and elements. According to Florida Statutes, a hoax bomb includes any device that appears to contain a destructive device or explosive. The key elements of this crime involve the possession, display, or threat of using such a hoax bomb while committing or attempting to commit a felony. The intent to cause fear or harm is a crucial factor in these cases.

Under the 2023 Florida Statutes, the definition and penalties are clearly outlined:

  • Possession: Having control or custody of a hoax bomb.
  • Display: Showing or presenting a hoax bomb in a manner that causes alarm.
  • Threat: Communicating an intention to use a hoax bomb to cause fear.

These actions are particularly severe when they occur during the commission of another felony, such as robbery or homicide. The law specifically addresses this combination to prevent the escalation of violence and public fear.

Moreover, the law states that adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld. This reflects the gravity with which Florida law views the use of hoax bombs. However, there is a provision for the state attorney to move the sentencing court to reduce or suspend the sentence if the convicted individual provides substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, coconspirators, or principals.

Understanding these elements is critical for anyone facing such charges. If you or a loved one is involved in a case related to hoax bombs, it is essential to seek legal counsel. An Orlando Gun Crime Lawyer can provide expert guidance and defense strategies tailored to your specific situation.

Penalties for Possessing, Displaying, or Threatening to Use Any Hoax Bomb While Committing or Attempting to Commit a Felony

The penalties for possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony are severe. As a second-degree felony, the crime is punishable by up to 15 years in prison, 15 years of probation, and a fine of up to $10,000. Additionally, the court may impose restitution for any costs and damages resulting from the criminal conduct.

What are the penalties for using a hoax bomb during a felony? The penalties include up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.

Under Florida’s Criminal Punishment Code, a Level 7 offense is associated with a minimum sentence of 56 points on the sentencing guidelines score sheet. Here’s how the sentencing points typically affect the sentence:

  • Point Threshold: For non-state prison sanctions, an offender must score less than 44 points.
  • Sentence Calculation: If the total sentencing points are 44 or more, the formula to calculate the minimum prison sentence in months is (total points – 28) x 0.75.
  • Level 7 Offense: Given that a Level 7 offense starts with 56 points, it already exceeds the 44-point threshold. Therefore, using the formula, the minimum sentence calculation would be (56 – 28) x 0.75 = 21 months.

Thus, for a Level 7 offense, the minimum guideline sentence would typically start at 21 months in state prison, assuming no other points are added for additional offenses, legal status violations, or other factors.

Penalties for Hoax Bomb Offenses

Additional Consequences

Beyond the primary penalties, individuals convicted of this crime may face additional consequences. These can include a permanent criminal record, loss of civil rights such as voting and firearm possession, and difficulties in obtaining employment or housing. The severity of the penalties underscores the importance of understanding and avoiding such actions.

A permanent criminal record can have far-reaching effects on your life. It can affect your ability to secure a job, as many employers conduct background checks and may be hesitant to hire someone with a felony conviction. Additionally, finding housing can become challenging, as landlords often screen potential tenants for criminal backgrounds. The loss of civil rights, such as the right to vote and the right to possess firearms, can also have a significant impact on your personal and social life.

Given the severe penalties and long-term consequences, it is crucial to understand the gravity of this offense. If you or a loved one is facing charges related to possessing, displaying, or threatening to use a hoax bomb while committing or attempting to commit a felony, it is essential to seek legal counsel immediately. An Orlando Gun Crime Lawyer can provide the necessary expertise to navigate the complexities of your case and work towards the best possible outcome.

In addition to the legal penalties, there are also financial burdens to consider. Fines can be substantial, and you may also be required to pay restitution for any costs and damages resulting from the criminal conduct. Legal fees can add up quickly, and mandatory programs or courses required by the court can also be costly. These financial burdens can be overwhelming, especially when combined with the challenges of finding employment and housing after a conviction.

The law also states that adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld. However, there is a provision for the state attorney to move the sentencing court to reduce or suspend the sentence if the convicted individual provides substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, coconspirators, or principals. This means that cooperation with law enforcement can potentially lead to a reduced sentence, but it is essential to navigate this process carefully with the guidance of an experienced attorney.

If you find yourself in this situation, it is crucial to have a skilled legal team on your side. At Leppard Law, we understand the complexities of these cases and the severe impact they can have on your life. Our team of experienced attorneys is here to provide the support and legal expertise you need to navigate this challenging time. We are dedicated to fighting for the best possible outcome for our clients and ensuring that their rights are protected every step of the way.

Don’t face these charges alone. Contact Leppard Law today to schedule a free consultation and learn more about how we can help you. Our team is here to provide the compassionate, knowledgeable, and tenacious defense you need to protect your future. Call us at 407-476-4111 or visit our Contact page to get started.

Examples of Possessing, Displaying, or Threatening to Use Any Hoax Bomb While Committing or Attempting to Commit a Felony

To illustrate the seriousness of possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony, let’s delve into some real-world examples:

  • Bank Robbery: Imagine an individual walking into a bank, brandishing what appears to be a bomb. Though the device is merely a hoax, the fear it instills in employees and customers is very real. This act not only constitutes robbery but also the use of a hoax bomb to intimidate and control the situation.
  • School Threat: Consider a scenario where someone brings a fake bomb to a school, threatening to detonate it unless certain demands are met. This creates an atmosphere of terror among students and staff, while the perpetrator commits another felony, such as theft or assault.
  • Public Event: Picture a large public event where an individual threatens to detonate a hoax bomb to cause panic, thereby facilitating another criminal act like theft or vandalism. The chaos and fear generated can lead to severe legal consequences.

These examples underscore the dangerous and disruptive nature of using hoax bombs in the commission of felonies. The legal repercussions are severe, reflecting the potential harm and fear caused by such actions.

What are the consequences of using a hoax bomb in a felony? The consequences include severe legal penalties due to the potential harm and fear caused by such actions.

In each of these scenarios, the use of a hoax bomb significantly escalates the severity of the crime. The law is clear on this matter: under Florida Statutes, anyone who, while committing or attempting to commit any felony, possesses, displays, or threatens to use a hoax bomb, is committing a second-degree felony.

It’s not just the immediate impact of the hoax bomb that matters; the long-term consequences can be devastating. For instance, individuals involved in such crimes face not only imprisonment and fines but also a lasting criminal record. This record can affect various aspects of life, including employment opportunities and social relationships.

The legal landscape surrounding hoax bombs is stringent for a reason. The fear and disruption caused by such devices are significant, even if the bombs are not real. The penalties reflect the seriousness of the offense, aiming to deter individuals from engaging in such reckless behavior.

For those facing charges related to hoax bombs, it is crucial to seek legal counsel immediately. An Orlando Firearm Lawyer can provide the expertise needed to navigate these complex cases. The right legal representation can make a significant difference in the outcome of the case.

At Leppard Law, we understand the gravity of these charges and are committed to providing the best possible defense. Our experienced attorneys are here to guide you through every step of the legal process, ensuring your rights are protected.

Whether you’re dealing with a case involving a hoax bomb or any other weapon-related offense, don’t hesitate to reach out for help. Our team at Leppard Law is ready to assist you. Contact us today at 407-476-4111 or visit our Contact page to schedule a consultation.


Defenses Against Charges of Possessing, Displaying, or Threatening to Use Any Hoax Bomb While Committing or Attempting to Commit a Felony

Facing charges for possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony can be daunting. However, several potential defenses can be employed to challenge these allegations effectively. Understanding these defenses is crucial for anyone accused of such serious offenses.

What are the defenses against hoax bomb charges? Defenses include lack of intent, false accusation, and lawful authority.

Let’s explore these defenses in detail:

  • Lack of Intent: One of the primary defenses is demonstrating that the accused did not intend to cause fear or harm with the hoax bomb. For example, if the device was part of a prank with no malicious intent, this could significantly weaken the prosecution’s case. Intent is a crucial element in proving guilt, and if it can be shown that there was no intention to threaten or intimidate, this defense can be compelling.
  • False Accusation: Another defense is proving that the charges are based on false allegations or mistaken identity. This can be particularly relevant in situations where multiple individuals are involved, and the actual perpetrator is not clearly identified. Evidence such as alibis, witness testimonies, and surveillance footage can be instrumental in establishing innocence.
  • Lawful Authority: In some cases, the accused may have had lawful authority to possess or display the hoax bomb. This defense applies to law enforcement officers, security personnel, or individuals involved in theatrical productions where hoax bombs are used as props. If the accused can prove that their actions were within the scope of their employment or authorized activity, this defense can lead to an acquittal.

It’s essential to note that these defenses require a thorough understanding of the law and the specific circumstances of the case. Therefore, seeking legal representation is crucial to explore these defenses effectively and protect one’s rights.

At Leppard Law, our experienced attorneys are well-versed in the complexities of hoax bomb charges and can provide the necessary guidance and support. We understand the gravity of these charges and are committed to crafting a robust defense strategy tailored to your unique situation.

“Your Voice, Our Mission” – we champion your rights with the tenacity and dedication that has earned us the trust of our community members.

In addition to the defenses mentioned above, other legal strategies can be employed depending on the case’s specifics. These may include challenging the evidence presented by the prosecution, questioning the legality of the search and seizure, or highlighting procedural errors during the investigation. Each case is unique, and a tailored defense approach is essential for the best possible outcome.

Moreover, the impact of a conviction extends beyond legal penalties. A criminal record can affect various aspects of life, including employment opportunities, housing, and social relationships. Therefore, it is imperative to fight these charges vigorously.

If you find yourself facing such charges, don’t hesitate to reach out to our team at Leppard Law. Our attorneys have a proven track record of successfully defending clients against weapon-related offenses, including hoax bomb charges. We take pride in our client-centered approach, ensuring that you receive the personalized attention and dedicated representation you deserve.

For more information on how we can assist you, visit our Strategic Defense for Weapon Involved Offenses page. We are here to help you navigate this challenging time with confidence and expertise.

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Remember, the right legal representation can make a significant difference in the outcome of your case. Contact Leppard Law today at 407-476-4111 or visit our Contact page to schedule a consultation. Let us provide the legal support and expertise you need to defend your rights and secure your future.

Don’t face these charges alone. Reach out to our Orlando Firearm Lawyer team and take the first step toward a robust defense.

At Leppard Law, we are dedicated to protecting your rights and achieving the best possible outcome for your case. Trust us to be your advocate in this challenging time.


Infographic depicting the words Possessing, Displaying, or Threatening to Use Any Hoax Bomb While Committing or Attempting to Commit a Felony


What is the legal definition of a hoax bomb in Florida?

A hoax bomb is defined under Florida law as any device or object that appears to be, or is represented to be, a destructive device or explosive but is, in fact, an inoperative facsimile or imitation.

What are the penalties for possessing, displaying, or threatening to use a hoax bomb while committing a felony?

The penalties for possessing, displaying, or threatening to use a hoax bomb while committing or attempting to commit a felony include up to 15 years in prison, 15 years of probation, and a fine of up to $10,000. Additionally, the court may impose restitution for any costs and damages resulting from the criminal conduct.

Are there any defenses against charges of using a hoax bomb while committing a felony?

Yes, there are several potential defenses, including lack of intent, false accusation, and lawful authority. Each defense requires a thorough understanding of the law and the specific circumstances of the case.

What are some examples of crimes involving hoax bombs?

Examples include using a hoax bomb to threaten bank employees during a robbery, displaying a hoax bomb in a school to intimidate staff and students while committing another felony, and threatening to detonate a hoax bomb during a public event to cause panic and facilitate another criminal act.

For more detailed information on related offenses and defenses, visit our Strategic Defense for Weapon Involved Offenses page or contact Leppard Law today.

“Your Voice, Our Mission” – we champion your rights with the tenacity and dedication that has earned us the trust of our community members.


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At Leppard Law, we understand the stress and anxiety that come with being charged with a criminal offense, especially one as serious as possessing, displaying, or threatening to use a hoax bomb while committing or attempting to commit a felony. Our dedicated team of firearms defense attorneys is here to provide you with the personalized, compassionate, and expert legal representation you deserve.

When you choose Leppard Law, you’re not just getting an attorney; you’re gaining a steadfast advocate who will stand by your side through every step of the legal process. Our commitment to treating clients like family means we always put your best interests first and fight tirelessly for the best possible outcome in your case.

Don’t just take our word for it. Experience our exceptional service and expertise for yourself. If you or a loved one has been charged with a criminal offense, contact us today to schedule a free consultation. One call to our top-rated criminal defense attorneys can make all the difference.

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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.

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Legally Reviewed by Joe Easton

Expert Florida Firearms 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 Firearms case is not just defended but championed with dedication and expertise.

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