Individuals in California can face felony charges for using or making weapons of mass destruction (WMDs). This criminal act is covered under Penal Code 11418. Individuals who are charged under PC 11418 can face prison time and fines.
The state of California considers items like chemical and nuclear weapons to be WMDs. Find out more about how to fight this charge with the team at the Simmrin Law Group. We can answer your legal questions today. Just call (310) 997-4688.
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.
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 calling (310) 997-4688 and speaking to the Simmrin Law Group.
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.
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 Didn’t 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.
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 a defense for you starting right now. You can reach us at (310) 997-4688. You can also complete our online contact form.
Our criminal defense lawyers in Los Angeles can help you with a free consultation.