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Threat to Throw or Discharge Destructive Device



What is a Threat to Throw or Discharge a Destructive Device?

A Threat to Throw or Discharge a Destructive Device in Florida is a serious criminal offense. Under Florida Statute 790.162, it is illegal for any person to threaten to throw, project, place, or discharge any destructive device with the intent to cause bodily harm or damage property. This statute aims to prevent potential harm from explosive or incendiary devices, which can cause significant destruction and loss of life.

What is a Threat to Throw or Discharge a Destructive Device? A Threat to Throw or Discharge a Destructive Device is a criminal offense where an individual threatens to use an explosive, incendiary, or poison gas device to cause harm or damage.

Understanding the Law

The law defines a destructive device as any explosive, incendiary, or poison gas, including bombs, grenades, and rockets. The intent behind the threat is a crucial element in prosecuting this crime. Prosecutors must prove that the individual had a genuine intention to cause harm or damage, making it a complex legal issue.

Under Florida’s Criminal Punishment Code, this offense is considered a Level 5 crime. The sentencing guidelines for a Level 5 offense start at 28 points on the score sheet. This score meets the threshold where the state prison sentence formula becomes relevant, which is (total points − 28) × 0.75. If no additional points are added, this calculation results in a minimum sentence of zero months; however, any additional points for other offenses, legal status violations, or other factors can quickly escalate the minimum sentence.

For example, consider a scenario where an individual threatens to place a bomb in a public place. The prosecution must establish that the threat was intended to cause fear, harm, or property damage. This involves gathering evidence such as communications, witness testimonies, and any physical evidence related to the threat.

Understanding the intricacies of this law and the elements required for prosecution is essential for anyone facing such charges. If you are accused of this crime, it is crucial to seek immediate legal assistance to navigate the complexities of the legal system and build a robust defense. For more information on related offenses, you can explore our Improper Exhibition of a Firearm page or our Strategic Defense for Weapon Involved Offenses page.

Destructive Device Threat

Additionally, the financial burden of fines, legal fees, and mandatory programs can be overwhelming. Understanding the full scope of the law and its implications can help you make informed decisions about your defense strategy. For more details on how these charges can impact your life, read our Motion for Return of Firearm page.

Penalties for Threatening to Throw or Discharge a Destructive Device

The penalties for a Threat to Throw or Discharge a Destructive Device are severe, reflecting the potential danger posed by such threats. This offense is classified as a second-degree felony in Florida. Convictions can result in:

  • Imprisonment: Up to 15 years in state prison.
  • Fines: Fines up to $10,000.
  • Probation: Extended periods of probation with stringent conditions.

Police Car in Florida Suburban City

Additional Consequences

Beyond the immediate legal penalties, a felony conviction can have long-term repercussions on one’s personal and professional life. These additional consequences include:

  • Employment Challenges: A felony record can make it difficult to secure employment, as many employers conduct background checks and may be hesitant to hire someone with a criminal record.
  • Loss of Civil Rights: Convicted felons in Florida lose certain civil rights, such as the right to vote, serve on a jury, and possess firearms. To understand more about firearm-related offenses, visit our possession of a firearm by a convicted felon page.
  • Social Stigma: The social stigma associated with a felony conviction can affect personal relationships and community standing, leading to isolation and a lack of support.
  • Financial Burden: Legal fees, court costs, and fines can accumulate, creating a significant financial burden. Additionally, probation fees and mandatory programs can add to these costs. For more information on related charges, explore our using a firearm while under the influence page.

What are the penalties for Threatening to Throw or Discharge a Destructive Device? Threatening to Throw or Discharge a Destructive Device is a second-degree felony punishable by up to 15 years in state prison, fines up to $10,000, and extended periods of probation.

It is essential to understand that these penalties can vary based on the specifics of the case, including any aggravating factors. For instance, if the threat was made in a place with a large number of people, such as a school or a public event, the penalties could be more severe. To learn more about how different locations can affect charges, visit our possessing a firearm on school property page.

Under Florida Statute 790.162, anyone convicted of threatening to throw, project, place, or discharge any destructive device with intent to do bodily harm or damage property commits a second-degree felony.

Additionally, the Florida Criminal Punishment Code categorizes this offense as a Level 5 crime. The sentencing guidelines for a Level 5 offense start at 28 points on the score sheet. This score meets the threshold where the state prison sentence formula becomes relevant, which is (total points − 28) × 0.75. If no additional points are added, this calculation results in a minimum sentence of zero months; however, any additional points for other offenses, legal status violations, or other factors can quickly escalate the minimum sentence. Therefore, while a Level 5 offense can be borderline for recommending state prison, the actual sentencing often hinges on the presence or absence of other complicating factors. Non-prison sanctions remain an option if the total score does not significantly exceed 28 points.

Given the complexities and severe consequences of these charges, it is crucial to have experienced legal representation. At Leppard Law, we understand the gravity of these charges and the impact they can have on your life. Our dedicated team of Orlando Gun Crime Lawyers is here to provide the support and expertise you need. We are committed to fighting for your rights and achieving the best possible outcome for your case.

If you or a loved one is facing charges related to a Threat to Throw or Discharge a Destructive Device, do not hesitate to contact us. Our experienced attorneys are ready to provide you with a comprehensive defense strategy tailored to your unique situation. Reach out to Leppard Law today at 407-476-4111 or visit our contact page to schedule a free consultation.

Examples of Threats to Throw or Discharge a Destructive Device

Understanding real-world scenarios can help illustrate what constitutes a Threat to Throw or Discharge a Destructive Device. Here are a few hypothetical examples:

  • Example 1: An individual calls a public building and threatens to throw a bomb inside, causing an evacuation and panic. This scenario would likely be prosecuted under Florida Statute 790.162, as it involves a direct threat to place a destructive device with the intent to cause harm.
  • Example 2: Someone sends an email to a school, threatening to discharge a destructive device on the premises. This kind of threat can lead to severe disruptions and fear among students and staff, making it a serious offense.
  • Example 3: A person posts on social media about placing an explosive device in a crowded area with the intent to cause fear and disruption. Social media threats are taken very seriously, especially when they involve public safety.

These examples demonstrate the various forms that threats can take and the serious nature of the offense. The intent behind the threat is a crucial element in prosecuting this crime. Prosecutors must prove that the individual had a genuine intention to cause harm or damage, making it a complex legal issue. For more detailed information on related offenses, you can read about the making of fake bomb threats.

Threats to throw or discharge a destructive device can occur in various settings and through different communication methods. Whether the threat is made through a phone call, email, or social media post, the consequences are equally severe. For instance, possession of a firearm by a convicted felon is another related offense that carries heavy penalties.

Additionally, it’s important to understand that even hoax threats can lead to criminal charges. Under Florida law, making a false report about a bomb, explosive, or weapon of mass destruction is also a punishable offense. This is covered under a different statute, but it underscores the seriousness with which these threats are treated. To know more about this, visit our page on false reports of bomb threats.

What constitutes a threat to throw or discharge a destructive device? A threat to throw or discharge a destructive device involves any communication, whether verbal, written, or electronic, that indicates an intent to cause harm or damage using an explosive or incendiary device.

Furthermore, the impact of these threats goes beyond legal penalties. They can cause significant emotional and psychological distress to the victims and the community. The disruption caused by evacuations, lockdowns, and the mobilization of emergency services can have long-lasting effects. For instance, schools and public buildings often have to implement stringent security measures following such threats, which can disrupt daily routines and instill a sense of fear. To learn more about the legal implications of threats in educational settings, check out our page on possessing a firearm on school property.

Given the severe consequences associated with these threats, it is crucial to have experienced legal representation if you are facing such charges. At Leppard Law, our team of Orlando Gun Crime Lawyers is dedicated to providing the support and expertise you need. We understand the complexities of these cases and are committed to achieving the best possible outcome for our clients.

If you or a loved one is facing charges related to a Threat to Throw or Discharge a Destructive Device, do not hesitate to contact us. Our experienced attorneys are ready to provide you with a comprehensive defense strategy tailored to your unique situation. Reach out to Leppard Law today at 407-476-4111 or visit our contact page to schedule a free consultation.


Defenses Against Charges of Threatening to Throw or Discharge a Destructive Device

Facing charges for a Threat to Throw or Discharge a Destructive Device can be daunting, but several defenses may be applicable depending on the circumstances:

  • Lack of Intent: Demonstrating that there was no genuine intent to carry out the threat can be a crucial defense.
  • False Accusation: Proving that the threat was fabricated or that the accused was falsely implicated.
  • Insufficient Evidence: Challenging the prosecution’s evidence to show that it does not meet the burden of proof required for a conviction.

Each case is unique, and the specific defense strategy will depend on the details of the incident. Legal representation is essential for navigating these complex charges and achieving the best possible outcome.

When charged with a serious offense like threatening to throw or discharge a destructive device, understanding your legal options is critical. It’s vital to have a seasoned defense attorney who can evaluate the specifics of your case and develop a tailored defense strategy. Here are some common defenses that may apply:

Lack of Intent

One of the key elements in prosecuting a threat to throw or discharge a destructive device is proving the intent to cause harm or damage. If the prosecution cannot establish that you had a genuine intention to carry out the threat, this can significantly weaken their case.

What is a lack of intent defense? A lack of intent defense argues that the defendant did not have the intention to follow through with the threat, which is a critical element in such cases.

For instance, if the threat was made in jest or under duress, it might be possible to demonstrate that there was no real intent to cause harm. This defense requires a thorough examination of the context and circumstances surrounding the alleged threat.

False Accusation

Unfortunately, false accusations do happen, and they can stem from various motives, including personal vendettas or misunderstandings. Proving that the threat was fabricated or that you were falsely implicated can be a powerful defense. This might involve:

  • Gathering alibi evidence to show you were not at the scene.
  • Presenting witness testimony that contradicts the accuser’s claims.
  • Highlighting inconsistencies in the accuser’s story.

At Leppard Law, our team is skilled in investigating the nuances of such cases to uncover the truth and build a strong defense.

Insufficient Evidence

Another common defense is challenging the sufficiency of the prosecution’s evidence. The burden of proof lies with the prosecution, and they must demonstrate beyond a reasonable doubt that you committed the offense. This can involve:

  • Questioning the credibility of key witnesses.
  • Examining the reliability of any physical evidence presented.
  • Highlighting procedural errors or violations of your rights during the investigation.

For example, if the evidence against you is primarily based on hearsay or if there are significant gaps in the prosecution’s case, this can be grounds for dismissal or acquittal. Our criminal defense attorneys are adept at scrutinizing every aspect of the prosecution’s case to identify weaknesses and leverage them in your favor.

Additional Defenses

Depending on the specifics of your case, other defenses may also be applicable. These could include:

  • Duress: Arguing that you were forced to make the threat under immediate danger to yourself or others.
  • Mental Incapacity: Demonstrating that you were not in a sound mental state at the time of the alleged threat, thus lacking the capacity to form intent.
  • Self-Defense: In rare cases, proving that the threat was made in a genuine attempt to protect oneself or others from imminent harm.

Each defense requires a nuanced understanding of the law and a strategic approach tailored to your unique situation. At Leppard Law, we are committed to providing personalized and effective legal representation to ensure the best possible outcome for our clients.

Being charged with threatening to throw or discharge a destructive device is a serious matter, but you don’t have to face it alone. Our experienced Orlando weapons crimes lawyers are here to help you navigate the complexities of your case and fight for your rights. Contact us today at 407-476-4111 to schedule a free consultation and let us start building your defense.

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We understand that facing such charges can be overwhelming and stressful. At Leppard Law, we treat our clients like family, always putting their best interests first. Our team is dedicated to providing exceptional legal services and achieving the best possible outcomes for our clients. Whether you are dealing with a gun-related offense or any other criminal charge, we are here to support you every step of the way.

Don’t wait—if you or a loved one is facing charges of threatening to throw or discharge a destructive device, reach out to us today. Let our experienced Orlando firearm lawyers provide the strong defense you need to protect your future. Call us now at 407-476-4111 to schedule your free consultation.


Infographic depicting the words Threat to Throw or Discharge Destructive Device


What constitutes a threat to throw or discharge a destructive device?

A threat to throw or discharge a destructive device involves any person threatening to throw, project, place, or discharge any explosive, incendiary, or poison gas device with the intent to cause bodily harm or property damage. This includes bombs, grenades, and rockets, among others.

What are the penalties for threatening to throw or discharge a destructive device in Florida?

The penalties for threatening to throw or discharge a destructive device in Florida can be severe. This offense is classified as a second-degree felony, punishable by up to 15 years in state prison, fines up to $10,000, and extended periods of probation.

Can a threat to throw or discharge a destructive device be considered a false accusation?

Yes, a threat to throw or discharge a destructive device can be considered a false accusation if it can be proven that the threat was fabricated or that the accused was falsely implicated. This defense requires thorough investigation and evidence gathering.

What are common defenses against charges of threatening to throw or discharge a destructive device?

Common defenses against such charges include lack of intent, false accusation, and insufficient evidence. Each defense strategy will depend on the specifics of the case, and it is crucial to have experienced legal representation to navigate these complex charges.


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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
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At Leppard Law, we understand the stress and anxiety that comes with facing a criminal charge, especially one as serious as a threat to throw or discharge a destructive device. Our dedicated team of attorneys is here to provide the personal attention and expert legal representation you need.

When you choose Leppard Law, you’re not just getting a lawyer; you’re gaining an ally who will stand by your side every step of the way. We pride ourselves on treating our clients like family, always putting your best interests first and fighting tirelessly for the best possible outcome.

Don’t just take our word for it. Experience our commitment to excellence and client-focused approach 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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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.

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