What is the crime of Possessing, Throwing, Making, Placing, Projecting, or Discharging a Destructive Device in Florida?
The crime of Possessing, Throwing, Making, Placing, Projecting, or Discharging a Destructive Device is a Third Degree Felony that is punishable by 5 years in prison and a fine of $5,000.
This offense occurs when a:
- Person willfully and unlawfully made, possessed, threw, placed, projected, discharged, or attempted to make, possess, throw, place, project, discharge a destructive device.
“Willfully” means intentionally, knowingly, and purposely.
“Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage;
any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms;
any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter;
and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device.
To prove (defendant) “possessed a destructive device,” the State must prove beyond a reasonable doubt that [he] [she] a) knew of the existence of the destructive device, and b) intentionally exercised control over that destructive device.
Control can be exercised over a destructive device whether the destructive device is carried on a person, near a person, or in a completely separate location. Mere proximity to a destructive device does not establish that the person intentionally exercised control over the destructive device in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the destructive device or the present ability to direct its control by another.
Possession of a destructive device may be sole or joint, that is, two or more persons may possess a destructive device.
Some of the defenses to Possessing, Throwing, Making, Placing, Projecting, or Discharging a Destructive Device are:
- Person did not have destructive device.
- Person did not act willfully.
- Person was not in control.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of Possessing, Throwing, Making, Placing, Projecting, or Discharging a Destructive Device in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
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