220.75 Unlawful manufacture of methamphetamine in the first degree

A person is guilty of violating New York Penal Code 220.75 if they are guilty of unlawfully manufacturing methamphetamine in the first degree, after having been found guilty of unlawfully manufacturing methamphetamine in the second degree, after having been convicted within the previous five years of unlawfully manufacturing methamphetamine in the third degree.

The language of the law can sometimes appear confusing in its read, however, the law is always straightforward and easily translatable by those experts who study and practice law. If you have been charged with this Class B Felony, you should immediately contact a criminal defense attorney.

Sentencing Guidelines

A non-violent Class B Felony in New York carries a prison sentence of between one year and twenty-five years. If violence was involved and proven in a Class B Felony, the sentence can be anywhere from five to twenty-five years in prison. Along with prison sentencing, heavy fines can also be imposed.

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Legal Scenario: What Would You Do?

Scenario

A man previously convicted of unlawful manufacture of methamphetamine in the third degree three years ago, and then convicted of second-degree unlawful manufacture last year, has now been arrested again after police discovered an active meth lab in his garage. Prosecutors are telling him he faces first-degree charges under Penal Code 220.75 due to his prior convictions.

Can they really stack my prior meth manufacturing convictions to charge me with first-degree unlawful manufacture, and what kind of sentence am I looking at?

Attorney's Answer

Under New York Penal Code 220.75, unlawful manufacture of methamphetamine in the first degree is a Class B felony, which carries a potential sentence of up to 25 years in prison. The statute specifically requires proof that you were previously convicted of second-degree unlawful manufacture under Penal Code 220.74 and that you had a third-degree conviction under Penal Code 220.73 within the preceding five years — both of which appear to apply in your case. However, the prosecution must prove each prior conviction beyond a reasonable doubt and establish the precise timeline, so any errors in the dates or records of your prior convictions could be a critical point of defense. An experienced attorney can also examine whether the search of your garage was lawful and whether any evidence should be suppressed, which could significantly impact the outcome of your case.

This is general information only. Contact us for advice specific to your situation.

Understanding the Crime

The act of manufacturing methamphetamine can be described as the posession, handling, preparation, synthesizing, packaging, and sale of the synthetic chemical. Class B Felony Crimes are some of the most severe crimes committed and can include such offenses as Second-Degree Murder, First Degree Rape, First Degree Arson, Second Degree Kidnapping and other felony charges.

Judicial Discretion and Sentencing