Have you Been Charged with Manufacturing, Transporting, Distributing, Possessing with Intent to Distribute, and Offering to Distribute an Explosive Device in Georgia?
If you or a loved one has been charged with violating this statute, you need legal representation immediately. The consequences of this crime are very severe, and it is in your best interest to hire a Georgia Criminal Defense Attorney to assist with your case. A charge is not the same as a conviction so do not waste any time in obtaining legal assistance. Contact the offices of Lawson and Berry today for a free case evaluation and start prepping your defense.
Georgia Law O.C.G.A. §16-7-82 reads as follows:
It shall be unlawful for any person to possess, manufacture, transport, distribute, possess with intent to distribute or offer to distribute a destructive device.
What is a Destructive Device?
In order to be convicted under this statute, the device must be considered a destructive device. Georgia law has defined what a destructive device is under O.C.G.A. §16-7-80:
- Any explosive, incendiary, or over-pressure device or poison gas which has been configured as a bomb; a grenade; a rocket with a propellant charge of more than four ounces; a missile having an explosive or incendiary charge of more than one-quarter ounce; a poison gas; a Molotov cocktail; or any other device substantially similar to such devices;
- Any type of weapon by whatever name known which will or may be readily converted to expel a projectile by the action of an explosive or other propellant; through a barrel which has a bore diameter of more than one-half inch in diameter provided, however, that such term shall not include a pistol, rifle, or shotgun suitable for sporting or personal safety purposes or ammunition; a device which is neither designed or redesigned for use as a weapon; a device which, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; or surplus military ordinance sold, loaned, or given by authority of the appropriate official of the U.S. Department of Defense;
- A weapon of mass destruction;
- A bacteriological weapon or biological weapon; or
- Any combination of parts either designed or intended for use in converting any device into a destructive device as otherwise defined.
What is the Penalty for Manufacturing, Transporting, Distributing, Possessing with Intent to Distribute, and Offering to Distribute an Explosive Device in Georgia?
The penalty for violating this statute is a felony conviction with the consequences of three to twenty years in prison or a fine of no more than $25,000, or both. However, if the defendant is a corporation the penalty increases to a fine between $25,000 and $100,000 or no less than 5,000 nor more than 10,000 hours of community service, or both.
It was not a destructive device: Any evidence that the device is not one that is included under the statute will be extremely beneficial to your case.
Innocence: Proof that you were not the one violating the statute or that you were unaware that you were violating the statute would be highly beneficial in your case. One of our Georgia Criminal Defense Attorneys could assist in presenting evidence that you are not the correct person to be charged with the crime or that you could not have committed the crime.
What are Not Defenses
I did not distribute the device: Even though you may not have distributed the device, evidence that you intended to distribute it will be sufficient to find you guilty of the crime.
I only transported the device; I didn't play a large role in its distribution: Even though it may seem like you played a small role in the process, you can still be convicted under the statute. Being part of the manufacturing or transporting is a crime.
Having experienced representation is of the utmost importance when facing a criminal charge. Your Georgia Defense Attorney will investigate all the details surrounding your case and evaluate your options. They will be available all the time to you – even nights and weekends – because your case is important. Call today and schedule a free consultation.