Close

Former Senior LA Prosecutor.
Harvard Law School Educated.
Now Providing an Aggressive Defense For You.

California Health and Safety Code Section 12085 HSC: Making, Possessing or Transporting Explosives

1. Definition and Elements of the Crime

Explosive materials can cause serious injury to human life and extraordinary damage to property if not handled properly. Making, possessing or transporting explosives is illegal under California Health & Safety Code Section 12085 HSC and violation of this statute can lead to serious criminal penalties.

In order to prove a defendant is guilty of making, possessing or transporting explosives under California Health & Safety Code Section 12085 HSC, a prosecutor must be able to establish the following elements:

  1. The defendant had explosives in his or her possession.
  2. The defendant made, possessed or transported an explosive in a manner prohibited by this statute or prohibited by any ordinance of a city or county.
  3. OR the defendant made, possessed or transported an explosive in a manner prohibited by the laws or regulations governing a harbor in those areas where such ordinance, laws, or regulations apply.
2. Related Offenses

Other similar or related offenses include:

  1. Furnishing Dangerous Fireworks to a MinorCalifornia Health & Safety Code Section 12702 HSC
  2. Possessing Destructive DevicesCalifornia Penal Code Section 18710 PC
  3. Possessing Destructive Device MaterialsCalifornia Penal Code Section 18720 PC
3. Examples

A man travels out of state in order to purchase fireworks which are considered illegal in California. The man purchases certain explosives and brings them back into California. This man could be prosecuted under California Health & Safety Code Section 12085 HSC because he transported explosives into the state.

In another example, a man researches how to build a pipe bomb online and gathers the relevant materials. He puts together all of the items and creates an explosive device. This man would also be criminally liable under California Health & Safety Code Section 12085 HSC because even if the component parts were legal, the resulting explosives he created would be sufficient to violate the statute.

In another example, a man is employed as part of a work crew that is responsible for making tunnels. As part of his job, he possesses dynamite and other explosive materials. This man would not be guilty of possessing explosive materials because he possessed these materials in a permissible manner.

4. Defenses to Making, Possessing or Transporting Explosives

As described above, if the defendant was legally entitled to make, possess or transport an explosive under that law, he or she would not be guilty of this offense.

5. Penalties

Under California Health & Safety Code Section 12085 HSC, making, possessing or transporting explosives is a misdemeanor level offense. Those convicted can be sentenced to up to six months in jail in addition to whatever conditions of probation that a judge may choose to impose. A conviction for this crime would be reflected on a person’s criminal record and could jeopardize future employment and housing opportunities.

6. Criminal Defense for Making, Possessing or Transporting Explosives Cases

Making, possessing or transporting explosives is a serious criminal offense that can carry significant penalties for those convicted. If you or a loved one have been charged with this offense, it is absolutely critical that you meet with a knowledgeable and experienced Los Angeles Criminal Defense Lawyer as soon as possible. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands that offenses like this may have been committed inadvertently or without an appreciation of the full consequences. In many cases, if Mr. Kraut is retained early enough he is able to intervene and consult with law enforcement and prosecutors in order to have any potential charges rejected or significantly reduced. Mr. Kraut works hard to ensure his clients’ interests are absolutely protected.

For more information about making, possessing or transporting explosives, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.


Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
Contact Us