Description

It is a crime to possess any Destructive Devices. A person, firm or corporation, who possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, may be charged with a felony. Destructive Devices include bombs, grenades, explosive missiles, projectiles and certain rockets and rocket-propelled projectiles. Prosecution must show that the defendant knew the device in their possession was destructive. Examples of situations which may warrant a charge of Destructive Devices are carrying a Molotov cocktail or finding unused rocket launchers from World War II in your grandfather’s attic and attempting to sell them on eBay.

What does the prosecutor have to prove?

1. Defendant (person, firm or corporation), within California, possessed any destructive device other than fixed ammunition of a caliber greater than .60 caliber.

Punishment

Felony: 16months/2years/3years
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?Yes