Weapons of Mass Destruction in California
WMDs are more dangerous than normal weaponry, like guns or knives. WMDs have the ability to kill many people at once. There are only certain weapons that are considered WMDs in the state of California. These include:
- Nuclear or radioactive agents
- Biological agents
- Agents used in chemical warfare
Additionally, vehicles or aircraft can be classified as WMDs in some cases. Note that this is not a comprehensive list of WMDs in the state of California. These are only examples of some of the possible WMDs.
For a free legal consultation with a weapons of mass destruction lawyer serving California, call (310) 896-2723
Crimes Prosecuted Under Penal Code 11418
Individuals can face PC 11418 charges if they make WMDs. PC 11418 charges apply if someone:
- Develops WMDs
- Manufactures WMDs
- Produces WMDs
Additionally, it is against the law to possess a complete WMD. Individuals in California are also not allowed to transfer or acquire WMDs. Any of these actions can result in criminal charges.
However, you should know that some people are lawfully authorized to possess WMDs. Generally, these people are granted authorization due to their career or position. These individuals should not face criminal charges for the possession of WMDs. Find out more about this exception by speaking to the Simmrin Law Group.
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Penalties for Crimes Associated with WMDs
The court considers PC 11418 a felony in California. Individuals can face severe penalties if they are convicted under PC 11418. In fact, a conviction can lead to up to twelve years of time in prison.
Note that the penalties under PC 11418 are harsher if someone uses a WMD in California, as opposed to simply owning one. If they use the weapon, an individual can face criminal charges under Penal Code 11418(b)(1). Using WMDs to cause injury or illness to others is another type of felony in California.
PC 11418(b)(1) convictions can lead to life in prison. As you can see, the court system treats these actions very seriously.
Restriction of Gun Rights After a WMD Conviction
While very few people are authorized to possess weapons of mass destruction, the majority of the population is allowed to possess simple firearms. However, anyone convicted of a violation of California PC 11418 will lose their gun rights. Penal Code 11418 is always charged as a felony, and felons are forbidden from owning firearms in the state of California.
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California’s Three Strikes Law
A conviction for a violation of California Penal Code 11418 counts as a strike on your record under California’s Three Strikes Law. This sentencing law makes it so that if you receive three strikes, you will be looking at a sentence of 25 years to life in prison.
Individuals can receive strikes on their records for a variety of felony convictions. However, not all felonies will count against you under this law. Strikes are reserved for crimes that are either of a violent nature or are considered serious crimes.
Other Weapon Regulations in California
The state of California regulates the possession of WMDs. The state also controls the ownership and usage of other weapons. Individuals can face criminal charges under Penal Code 18710, for the possession of a destructive device, and Penal Code 30605, for the possession of an assault weapon.
Individuals in California even face restrictions on firearm ownership and usage. Most people in California are not allowed to carry a firearm in public. This is true if the weapon is worn openly or concealed.
In some cases, individuals lose their rights to own firearms. For example, convicted felons are no longer allowed to possess or purchase firearms. A lawyer can help you learn more about California’s laws on weapon control.
Defenses for Weapons of Mass Destruction Charges
A criminal defense lawyer in Los Angeles can help if you are charged under PC 11418. Members of our team can work to show that:
- You did not have a WMD
- You had the authority to possess a WMD
- You were subjected to an unlawful search and seizure
You did Not Have a WMD
You should only face a PC 11418 conviction if you actually possessed, made, or transferred a WMD in California. If you had a different kind of weapon, you may be able to avoid a conviction. Speak to a lawyer if you never took possession of a WMD.
You Had the Authority to Possess a WMD
Exceptions may be made for people who are authorized to have access to WMDs. Some members of the state and federal government are allowed to have WMDs. A few elected officials are also allowed to have these weapons.
You Were Subject to an Unlawful Search and Seizure
Law enforcement must follow strict regulations when searching a person or their property. The Fourth Amendment protects against unreasonable search and seizure. If law enforcement failed to adhere to the law in conducting their search, your lawyer will move to suppress any evidence they uncovered as a result.
Learn About How to Fight Charges Related to WMDs in California
Members of the Simmrin Law Group can go over how to fight charges associated with weapons of mass destruction under Penal Code 11418. We can even get to work on building a defense for you starting right now. You can reach us by phone 24/7. You can also complete our online contact form.
Our criminal defense lawyers in Los Angeles can help you with a free consultation. One of our criminal defense lawyers will review your case and answer any questions you may have. We will lay out all of your legal options and advise you of the pros and cons of the various courses of action.