Bombs and Destructive Devices in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

What Counts as a "Destructive Device"

Florida law (section 790.001) defines it to include a bomb, grenade, mine, rocket, missile, pipe bomb, or similar device containing an explosive, incendiary, or poison gas; certain containers built to explode; parts designed or intended to convert a device into one, from which it can be readily assembled; a device declared destructive by the federal Bureau of Alcohol, Tobacco, and Firearms; certain weapons with a bore of one-half inch or more; and their ammunition. It does not include a device not designed, redesigned, used, or intended for use as a weapon; a device redesigned solely for signaling, line-throwing, or safety; most shotguns; and certain hunting rifles.

Making, Possessing, or Using a Destructive Device (Section 790.161; Instructions 10.7(a)-(d))

The core element in every version: the defendant willfully and unlawfully made, possessed, threw, placed, projected, or discharged a destructive device, or attempted to. "Willfully" means intentionally, knowingly, and purposely.

The levels:

• 10.7(a), Elements: the core element alone. Third-degree felony (up to 5 years).
• 10.7(b), Elements: plus intent to do bodily harm or property damage, or the act disrupted government operations, commerce, or another person's private affairs. Second-degree felony (up to 15 years).
• 10.7(c), Elements: the act resulted in bodily harm to another person or property damage. First-degree felony (up to 30 years).
• 10.7(d), Elements: the act resulted in another person's death. Capital felony (death or life without parole).

Possession means the person knew the device existed and intentionally exercised control over it. Under the instruction, being near a device is not enough without more evidence.

Separately, section 790.1615 punishes an unlawful throwing, placing, or discharge that injures anyone, regardless of intent: a first-degree misdemeanor, or a second-degree felony for great bodily harm, permanent disability, or permanent disfigurement.

Threatening to Use a Destructive Device (Section 790.162; Instruction 10.8)

What the State must prove (Elements):

1. The defendant threatened to throw, place, project, or discharge a destructive device.
2. The threat conveyed an intent to do bodily harm to any person, or damage to any person's property.

On request, the judge tells the jury the State does not have to prove the defendant actually intended harm, could carry out the threat, or had a real device. Second-degree felony (up to 15 years).

Federal: Explosives or Weapons Aboard a Vessel (18 U.S.C. § 2283; Pattern Instr. O84)

What the Government must prove (Elements): the defendant knowingly transported an explosive or incendiary device, biological agent, chemical weapon, or radioactive or nuclear material aboard a vessel in U.S. waters or on the high seas, knowing it was intended to be used to commit one of the federal offenses listed in 18 U.S.C. § 2332b(g)(5)(B), the list used to define federal crimes of terrorism. Penalty: any term of years or life; if someone's death is caused, the death penalty is possible.

Related Consequences

• 10-20-Life: unlawful throwing, placing, or discharging of a destructive device or bomb is on the list. Actually possessing a destructive device during that offense means a 10-year minimum; discharging it, 20 years; a discharge causing death or great bodily harm, 25 years to life. See Gun & Weapons Charges.
• Felony murder: a death during an unlawful throwing, placing, or discharge of a destructive device can be charged as murder. See Murder & Homicide.
• False reports: see False Bomb & Shooting Reports and Federal Bomb Threats.

Defense Themes

• Is it a destructive device? The definition has limits; lab analysis is tested.
• Knowledge and control. Proximity is not possession.
• Willfulness and intent. The higher levels depend on intent or results the State must prove.
• Search and seizure. How the device was found matters. See Motions to Suppress.

What to Do First

1. Say nothing to police or investigators. Ask for a lawyer.
2. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can I be charged if the device never went off?

Yes. Making or possessing a destructive device is itself a third-degree felony.

Can I be charged for a threat with no real bomb?

Yes. The jury can be told the State need not prove a real device existed.