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

1. Definition and Elements of the Crimeexplosive possession

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 Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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