PC 11418: Weapons of Mass Destruction

Legal Definition: “(a) (1) Any person, without lawful authority, who possesses, develops, manufactures, produces, transfers, acquires, or retains any weapon of mass destruction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 4, 8, or 12 years.”

What does this mean?

A weapon of mass destruction include:

1. Chemical warfare agents,
2. Weaponized biological or biologic warfare agents,
3. Restricted biological agents,
4. Nuclear agents;
5. Radiological agents, and
6. Any aircraft, vessel, or vehicle if it is used as a destructive weapon.

This crime penalizes every aspect of the transaction in a person obtaining a weapon of mass destruction. This means, in a transaction involving the sales of a weapon of mass destruction, the person who sells and the person who buys it, are both guilty of this same crime. This is not a crime if a person possesses the item with lawful authority. These could be federal or state agencies or certain elected officials.

Penalties

A violation under PC 11418 is a straight felony offense in California, as opposed to a misdemeanor or infraction offense. If you are convicted of this charge as a felony, you could be sentenced to County Jail Prison under PC 1170(h) for up to 4, 8, or 12 years. You would have to serve at least 50% of that time in custody.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you could face Deportation in Immigration Court since this crime may be considered an aggravated felony.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. Coerced Confessions

Police can lie to you. They can claim there are witnesses that saw you at the scene, that another person has blamed you as the one responsible, whatever it takes to get you to confess. These are generally considered normal police conduct, but there are limits to what they can and cannot do. When they go too far, they end up with a coerced confession. If based on the overbearing police conduct, you confess to this crime, your attorney can argue that the confession should be suppressed since it was coerced by police. Having your confession thrown out of court can go a long way to resolving your case, or even dismiss it.

Also, if police act in violation of your rights, your attorney can argue that the police did an illegal search and seizure, and evidence of the weapon of mass destruction found would be suppressed, meaning it could not come into court and be used against you. You may have had the illegal weapon, but if police were to enter your home without a warrant or probable cause, then your Ontario Criminal Defense Attorney can successfully argue that it was an illegal search and seizure, and evidence of the illegal weapon of mass destruction in your home would be thrown out of Court.

Call Today

Facing charges under PC 11418 can profoundly affect your life, with consequences that extend well beyond the courtroom. A conviction under this section can lead to significant custody time, a lasting felony record, and permanent restrictions on your right to own firearms. The implications of a felony conviction are far-reaching, potentially resulting in deportation, loss of professional licensure, and the forfeiture of voting rights.

In these challenging circumstances, having a highly qualified and experienced attorney is crucial. Our Ontario PC 11418 attorney at Inland Empire Defense brings a wealth of expertise to the table, with a track record of successfully defending numerous individuals in Ontario and across Southern California. We understand the nuances of these cases and are committed to providing robust legal representation to protect your rights and future.

If you’re facing such serious charges, don’t delay in securing the legal support you need. Contact your local Rancho Cucamonga Criminal Defense Attorney at Inland Empire Defense. Call us at 909-939-7126 for trusted legal representation. Our office, conveniently located in Ontario, is ready to assist you in navigating this critical juncture in your life.