Making, Possessing or Transporting Explosives

One thing we can all agree on is that explosives are dangerous. Once explosives detonate, they cause quick combustion, which may lead to serious damage to property or human life. This is why California keeps a strict watch on who makes, possesses, or transports explosives.

The California Health and Safety Code 12085 HSC makes it a crime for anyone to make, possess or transport explosives. The exact language of this statute states:

No person shall make, possess, or transport any explosive in a manner prohibited by this part or prohibited by any ordinance of a city, county, or city and county, or prohibited by the laws or regulations governing a harbor in those areas where such ordinance, laws, or regulations apply.

The California Penal Code 16510 PC describes what an explosive is. According to this statute, an explosive refers to a substance or a combination of substances whose primary or common purpose is detonation or rapid combustion and is capable of a relatively instantaneous or rapid release of gas and heat. Thus, under this statute, explosives may include things like:

• Dynamite
• Nitroglycerine
• Blasting caps
• Black powder
• Fulminate of mercury
• Smokeless powder
• Propellant explosives
• Pipe bombs

HSC 12085 – Sentencing 

Making, possessing, or transporting an explosive, in violation of California Health and Safety Code 12085 is labeled a misdemeanor level offense. Therefore, if convicted, the defendant could be sentenced to:

• A maximum jail term of six months in county jail
• A maximum fine of $1000
• Misdemeanor probation

Crimes Related To Making, Possessing or Transporting Explosives:

• Furnishing Dangerous Fireworks to a Minor – California Health & Safety Code Section 12702 HSC
• Possessing Destructive Devices – California Penal Code Section 18710 PC
• Possessing Destructive Device Materials – California Penal Code Section 18720 PC

HSC 12085 – Prosecution 

It is the prosecutor’s job to prove whether the defendant is guilty of the crime they are accused of or not. Thus, understanding what tactics the prosecution will use against the accused can provide some useful insight on how they should build their defense.

To get the defendant convicted for making, possessing, or transporting an explosive, the prosecutor has to provide unquestionable evidence of the following elements:

• The defendant possessed explosives
• The defendant made, possessed, or transported an explosive in a manner that was prohibited by this statute or banned by any ordinance of a city or country, OR
• The defendant made, possessed, or transported an explosive in a manner prohibited by the laws or regulations governing a harbor or in areas where these ordinances, laws, or regulations apply.

HSC 12085 – Defenses 

When facing charges under California Health and Safety Code 12805, you should know there are a couple of strategies one can use to effectively challenge these charges in court. Furthermore, enlisting the services of a criminal defense attorney will help make your defense strategy more effective. Here are some of the defense strategies that can be used in court:

Not An Explosive

The California Penal Code 16510 PC, clearly describes what an explosive is. Hence, any item labeled an explosive in a California Health and Safety Code 12085 HSC offense should fit into the description defined in PC 16510. Therefore, if the defendant can prove the item they made, possessed, or transported does not fit under the description of an explosive. It can serve as a suitable defense strategy in court.

No Probable Cause

To apprehend or arrest a suspect, a law enforcement officer needs to have a reason to suspect an individual of a crime, also known as probable cause.

Hence, if your defense lawyer can prove that the police officer that detained or arrested you for making, possessing, or transporting an explosive had no probable cause. They can get any evidence acquired after the unlawful arrest thrown out, which can go a long way in getting your case dismissed due to insufficient evidence.

Action Was Lawfully Permitted

This statute offers exceptions for individuals who make, possess, or transport an explosive if the act was authorized under a city and/or county ordinance. Thus, any defendant who made, possessed, or transported an explosive with authorization should not be charged under this statute.

Making, Possessing, Or Transporting An Explosive – Hire Us 

Being convicted for charges under California Health and Safety Code 12085 HSC can have devastating consequences on the rest of your life since this charge will appear on your criminal record. Therefore it is essential one hires a capable and reliable criminal defense attorney.