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Possession or Discharge of a Destructive Device

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.

Gainesville Weapons Offense Lawyer | Possession or Discharge of a Destructive Device

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. 

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What Constitutes as Possession or Discharge of Destructive Device in Florida?  

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.

  • Possession of a destructive device
  • Throw a destructive device
  • Project a destructive device to another person or place
  • Place the destructive device in a public area
  • Discharge a destructive device
  • Attempt to do any of the above

A destructive device is defined under Florida Statute Section 790.001(4) as any of the following: 

  • Grenades, bombs, mines, pipe-bombs, rockets, missiles and any other device that contains an explosive incendiary and/or a position gas
  • Frangible container filled with explosive gas, explosive incendiary, or expanding gas that is capable of exploding and causing bodily harm or property damage
  • Combination of parts designed or intended to convert any device into a destructive device, or a destructive device can be readily assembled
  • Devices that are declared destructive by the Bureau of Alcohol, Tobacco, and Firearms
  • Weapons designed or to, or can be readily converted to expel a projectile by method of any explosive and the device has a barrel with a bore of one-half inch or more in diameter
  • Ammunition for any destructive devices excluding shotgun shells or ammunition used in a firearm other than a destructive device

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:

  • Committed possession or discharge of a destructive device and
    • Had intent to cause property damage or bodily injury
    • Property damage or bodily injury occurred because of the offense
    • Someone died as a result of the crime 

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Penalty for Possession or Discharge of a Destructive Device

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. 

  • Up to 5 years in prison
  • A fine of up to $5,000

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. 

  • Up to 15 years in prison
  • Up to 15 years of probation
  • A fine of up to $10,000 

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: 

  • Up to 30 years in prison
  • Up to 30 years of probation
  • Up to $10,000 in fines 

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.

  • Life without any possibility of parole
  • Death Penalty

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Additional Resources

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. 


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Alachua County Lawyer for Possession of a Destructive Device

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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