Illinois Possession of Explosives or Explosive or Incendiary Devices

The Law – 720 ILCS 5/20-2

A person commits possession of explosives or explosive or incendiary devices when the person possesses, manufactures or transports any explosive compound, timing or detonating device for use with any explosive compound or incendiary device, and:

  1. The person intends to use the explosive or device to commit any offense; or
  2. The person knows that another intends to use the explosive or device to commit a felony.

The factors that the State must prove regarding this offense are numerous, and can be quite complex. At issue are whether the person actually “possessed” anything, or “manufactured” anything. The State must prove this was done knowingly. Whether the device is actually and “explosive” is also a complex issue in many instances. For instance, does a single firecracker constitute an “explosive”? Additionally, the knowledge and intent of the person charged are essential elements of the offense which must be proved beyond a reasonable doubt.

The Sentence

CLASS 1 FELONY

  • 4-30 years prison by statute

Probation Possible? – Yes.

Time To Be Served – Must serve 50% of the sentence imposed

As experienced criminal defense attorneys, we know the difference and intricacies between the crimes of Arson, Aggravated Arson, Residential Arson, Place of Worship Arson and Possession of Explosives or Explosive or Incendiary Device. When you need a criminal defense attorney, you should hire a lawyer who is experienced, aggressive, and will do the work it takes to get the best result for you. We leave no stone unturned in our effort to do the best job we can for a client, and get the best result possible. We are experienced, aggressive, knowledgeable, and detail-oriented criminal defense attorneys We represent clients in Orland Park, Tinley Park, Joliet, Lockport, Homer Glen, New Lenox, Oak Forest, Plainfield, Romeoville, and all other cities in the southwest suburbs of Chicago.

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James A. Payonk, Jr.

~ Attorney at Law ~

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Orland Park, Illinois 60467

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