Description

The crime of Possession of Destructive Device Materials may apply to any person who possesses any substance, material, or any combination with the intent to make any destructive device any explosive without first obtaining a valid permit. Charges are often filed in conjunction with Destructive Devices charges.

What does the prosecutor have to prove?

1. Defendant possessed a substance, material, or any combination of substances and materials.
2. Defendant possessed the substance or material with the specific intent to make any destructive device or explosive without first obtaining a valid permit to do so. [PC 18720]

Punishment

Felony: 2years/3years/4years

 

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