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Unlawfully possessing, making, throwing, placing, or discharging a destructive device is illegal in the state of Florida. The crime carries harsh penalties and the lightest charge a person can receive for committing the crime is a second-degree felony. That means you could be sentenced to years in prison. Not to mention the possible aggravating factors that could enhance your charge to a first-degree felony.
If you or someone you know has been charged with possession or discharge of a destructive device, it’s within your best interest to contact an experienced attorney. A skilled defense lawyer can assess the facts surrounding the case, compile evidence, call upon experts, file effective motions, and do whatever needed to help you obtain the best possible outcome. Don’t wait another moment to protect your rights and future and call a knowledgeable Gainesville weapons offense lawyer today.
A destructive device can range from a pipe-bomb to ammunition, and most defendants are completely unaware possessing these types of devices is illegal before their arrest. Unfortunately, the state of Florida doesn’t allow ignorance of the law as an admissible defense. If you’ve been arrested for possessing or discharging a destructive device, then it’s within your best interest to call the legal team at Galigani Law Firm.
Galigani Law Firm is a premier law firm with decades of collective experience defending clients from firearms and weapon-related charges. Call today at (352) 375-0812 to set up your initial consultation free. Galigani Law Firm accepts clients throughout the greater Alachua County area including Gainesville, Alachua, Archer, Hawthorne, Micanopy, Waldo, and High Springs.
Possessing certain potentially dangerous devices could result in serious criminal charges. According to Florida Statute Section 760.161, doing any of the following actions will result in charge of possession or discharge of a destructive device.
A destructive device is defined under Florida Statute Section 790.001(4) as any of the following:
If the court discovers certain aggravating factors existed during the commission of the crime, the District Attorney’s Office may enhance the charges. The aggravating factors for possession or discharge of a destructive device include, but are not limited to:
Simple possession or discharge of a destructive device is if the crime was committed without any aggravating elements. The crime is charged as a third-degree felony and can result in the following consequences upon conviction.
If the crime was committed with the intent to damage property or injure another person, then the district attorney may enhance the offense to a second-degree felony. The crime is also considered a second-degree felony if the act disrupted a governmental operation, commerce, of the private affairs of another person.
The maximum penalty for a second-degree felony under Florida law is listed below.
The courts may elevate the charge to a first-degree felony if someone was injured or property was damaged because of the crime. If convicted, the defendant must serve a mandatory minimum prison sentence of 34 ½ months in prison. The maximum sentence a person can receive for a first-degree felony includes:
Possession or discharge of a destructive device is a Capital Offense under Florida law. That means there’s only two possible sentences a defendant may face upon conviction.
Florida Laws on Destructive Devices – Visit the official website for the Florida Senate to read the statutes regarding the possession or discharge of a destructive device. Access the site to read the elements for the crime, penalties, penalty enhancements, and other related offenses.
Florida Carry – Visit the official website for the non-profit, non-partisan, grassroots organization that is dedicated to helping Floridians keep the right to bear arms for self-defense. Access the site to learn more about their group, legislation that may expand gun owner’s rights, and more.
If you or someone you know has been charged with possession or discharge of a destructive device in Florida, it’s crucial that you gain legal counsel. A skilled attorney can overlook your case, gather evidence, and cast reasonable doubt on the prosecution’s case. Call the experienced defense lawyers at Galigani Law Firm to learn your legal options. We have decades of combined experience and a passion for what we do.
Call Galigani Law Firm today at (352) 375-0812 to set up your first consultation free of charge.
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