Explosives are tightly controlled because of the danger that they can present. Those who are unlawfully in possession of explosives or other dangerous articles can face criminal charges.
It is possible for defendants to be charged on the state level, but federal law also addresses the misuse or impermissible actions surrounding explosives and other similar materials.
If you are charged with a federal crime, you could face very serious penalties that could change the course of your life forever and result in the long-term loss of your freedom. It is imperative that you understand how the law applies, what a prosecutor must prove if federal charges are brought against you, and how best to respond to charges.
A federal criminal defense attorney can help you to determine what course of action is best if you’ve been charged with a federal offense related to explosives. Experienced attorneys can also provide guidance on elements of federal crimes and potential penalties, and can either represent you in court or help you to negotiate the most favorable plea agreement possible.
LV Criminal Defense has provided successful representation to defendants in Arizona, California, Utah, Nevada, and Oregon who are facing federal charges related to explosives and other dangerous articles.
You should give us a call to find out about the ways in which our legal team can help you to defend your future if you’re accused of violating federal law. Reach out today to get a compassionate and knowledgeable legal advocate on your side.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Chapter 39 of Title 18 of the U.S. Code defines different federal laws associated with explosives and other dangerous articles. The statutes within Chapter 39 explain when you could be charged with a crime associated with explosives and dangerous devices. There are five statutes within Chapter 39; however, two of those statutes have been repealed. The remaining federal laws that exist to establish criminal conduct related to explosives and dangerous articles include:
Each of these different statutes has a specific definition of the unlawful criminal offense as well as details on penalties. For example, according to 18 U.S. Code section 831, it is illegal to intentionally receive, possess, use, transfer, alter dispose of, or disperse nuclear materials or nuclear byproducts without lawful authority to knowingly cause death or serious bodily injury to a person or to knowingly cause substantial damage to the environment or property.
It is also illegal to intentionally receive, possess, use, transfer, alter, disperse, or dispose of nuclear materials or nuclear byproducts without lawful authority if circumstances exist or if the defendant has reason to believe that circumstances exist where the handling of he nuclear material could cause death, serious bodily injury, or environmental damage.
The same statute also makes it a crime to knowingly carry away nuclear material without authority with the intent to deprive someone of lawful authority from maintaining that material; to make an unauthorized use, disposition, or transfer of nuclear materials or byproducts to others; or to obtain nuclear material by means of fraud.
The statute also goes on to define many other kinds of prohibited behaviors in connection with nuclear materials, including sending such materials into or out of the country without lawful authority; to knowingly use force or threats to take nuclear materials or byproducts; or to knowingly threaten to use nuclear materials or byproducts with the intent to make any person or governmental entity do something or refrain from doing something.
Defendants can be charged under 18 U.S. Code section 831 for attempting to commit any of these prohibited acts or can be charged for any of these crimes for becoming a part of a conspiracy to engage in unlawful behavior connected to nuclear weapons.
If a defendant is convicted, a defendant could be imprisoned for up to life imprisonment if the defendant knowingly causes the death of any person while engaged in prohibited acts involving nuclear weapons. In other cases, a defendant could be sentenced to a maximum of 20 years imprisonment for violating any of the provisions of 18 U.S. Code section 831 if no one is killed because of the conduct of the defendant.
This is just one of the statutes within 18 U.S. Code Chapter 39.
Since each statute has its own specific elements that must be proved, defendants need to work with experienced federal criminal lawyers to find out what a prosecutor would need to prove specifically for a defendant to be found guilty.
In this particular case, because a prosecutor has to prove intent, a defendant could potentially avoid conviction by showing he was not aware of the impact or nature of his actions in connection with nuclear weapons he was involved with.
Federal criminal lawyers at LV Criminal Defense will help you to determine your best options for responding when you’ve been accused of criminal conduct involving explosive and other dangerous articles. We will look closely at the evidence against you, help you to determine if the prosecutor can prove guilt beyond a reasonable doubt, and work with you to determine if you should try to fight conviction or if a plea agreement to reduce penalties is the best course of action.
Whether in court or out of court, our legal team will aggressively advocate for you and will help you to ensure that an accusation of wrongdoing connected with explosives does not derail your future. If you live in California, Arizona, Oregon, Nevada, Utah, or surrounding areas, our federal criminal attorneys can help you. Give us a call today to find out more.