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My question involves criminal law for the state of: NH
Hello, I am facing charges of "Reckless conduct" and "Possesion of an infernal device"
Long story short, A friend and I blew up a can of paint by lighting it on fire. we were fooling around, a neighbor heard it and called the police. Police came and we told them what happened, But they INSISTED we were lying or.. how did they put it "Not being completely truthful"
What am I facing right now? Is this serious?
You're talking about this statute?
If you're charged with a felony, let alone a Class A felony, I suggest consulting a criminal defense lawyer.Quote:
Quoting 158:35 Possession of Infernal Machine; Penalty.
That seems to be a pretty serious charge for lighting a paint can on fire in my own damn yard. :wallbang:
That's because it IS serious. You have no way of controlling the fire, explosion, direction or shrapnel etc... Others could have been injured. I agree with Mr. K, you should consult a criminal defense attorney.Quote:
That seems to be a pretty serious charge for lighting a paint can on fire in my own damn yard.
I took your advice and talked with a few criminal defense lawyers. They Said to stay with a public defender. I don't really have the money to afford a criminal lawyer anyway. I would also like to remind you all that, I live in the woods. Not in a rural area. I use the term "Neighbor" lightly.
First, it's not a reminder, because you didn't tell us that. Second, that's fantastic! I'm positive nothing would accidentally catch on fire there...Quote:
I would also like to remind you all that, I live in the woods.
the device law sounds rather vague .... i would ask for dimissal on those grounds ... hey, if you cannot afford an attny then can you afford to spend 10 yrs in the big house?
The gun one, I dont know about ....
Section 158:29
158:29 Definitions. – For the purpose of this subdivision:
I. ""Detonators'' shall mean any devices for the purpose of exploding an explosive charge and shall include blasting caps, blasting caps with safety fuse, electric blasting caps, detonating fuses, primers, boosters and igniters.
II. ""Primers, percussion fuses, combination fuses and time fuses'' shall mean devices used to ignite powder charges of ammunition or the black powder bursting charges of projectiles.
III. ""Explosive bombs'' shall mean containers filled with explosives and provided with a detonating device.
IV. ""Detonating fuse'' shall mean a fuse containing high explosives of sufficient strength to detonate other high explosives lying alongside and explode the entire charge almost instantaneously through its whole length.
V. ""Boosters'' shall mean casings containing several ounces of a high explosive used to increase the intensity of explosion of the detonator of a detonating fuse.
VI. ""Delay electric igniters'' shall mean small metal tubes containing a wire bridge in contact with a small quantity of ignition compound.
VII. ""Fuse lighters'' shall mean small cylindrical hollow pasteboard or metal tubes containing an igniting composition in one end, the other being open.
VIII. ""Blasting caps'' shall mean thin metal shells containing dry fulminate of mercury or other similar substance either alone or in combination with fulminate of mercury and fired by a slow-burning safety fuse, or arranged to be fired by an electric current.
IX. ""Tracer fuses'' shall mean devices attached to projectiles and containing a slow-burning composition.
X. ""Electric squibs'' shall mean small tubes or blocks containing a small quantity of ignition compound in contact with a wire bridge.
XI. ""Explosives'', ""high explosive or explosive substance'' shall mean any material or container containing a chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing or combustible materials or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, or detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressure is capable of producing destructive effects on contiguous objects. This definition shall not include the components for hand loading rifle, pistol, and shotgun ammunition and or rifle, pistol, and shotgun ammunition.
XII. ""Infernal machine'' shall mean any device which would endanger life or do damage to property, or both, by fire or explosion, whether or not contrived to ignite or explode automatically and whether or not disguised so as to appear harmless.
So ... everyone who owns a paint can is holding an infernal device and would be guilty???
I'm not saying I should have done it, And It's something I will not do again. I'm just saying, A felony charge is extreme.
Many times people are over charged with a felony,the cops probably hear lies all the time and suspected that both of you weren't being truthful. You should of been given a paper with a penal code number,150.12 for example,you can search google . It seems like a pd or private lawyer could get the same result. Hopefully the felony charge can be reduced to a misdeamanor, it's important to avoid a felony charge.
Charges were dropped, thanks though guys.
Congratulations! Remember to be more careful when choosing your entertainment in the future!
did they figure out a paint can is not such a device?