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Last Updated on: 5th August 2023, 03:47 pm
Understanding NY Penal Law § 220.75: Unlawful Manufacture of Methamphetamine in the First Degree
Being charged with any drug offense can be overwhelming and lead to severe consequences. At Spodek Law Group, we understand this and are committed to providing expert legal assistance to those facing such charges. New York Penal Law § 220.75 defines the most severe of three drug offenses that interdict the manufacture of methamphetamine – unlawful manufacture of methamphetamine in the first degree. In this article, we will explain this offense and provide some possible defenses.
Unlawful Manufacture of Methamphetamine in the First Degree
Under New York Penal Code § 220.75, if you have been convicted twice within five years for meth manufacturing offenses or previously convicted of second-degree unlawful manufacture of methamphetamine on the basis of manufacturing meth in a child’s presence, a third infraction will result in being charged with unlawful manufacture of methamphetamine in the first degree. It is important to note that this charge carries a class B felony categorization and is punishable by up to 25 years imprisonment upon conviction; however, if you have no prior felony convictions, then your minimum prison sentence is five years but increases to ten years if you do have a prior conviction.
Let us consider an example where police suspect that a man who is addicted to meth has set up another lab at his home after already being convicted twice for unlawfully manufacturing it before (once under third-degree charges and once under second-degree charges). Although they find no materials used for making meth during their search at his property, they discover trace amounts instead which leads them into arresting him based on his history alone as insufficient evidence exists otherwise against him for charging him with unlawful manufacture of methamphetamine in the first degree.
New York Penal Law §§ 220.71-73 are related offenses concerning manufacturing while criminal possession under New York Penal Law § 220.70 of methamphetamine manufacturing material in the second degree is another related offense.
If you are charged with first-degree unlawful manufacture of methamphetamine, it may be possible to challenge the police’s method of discovering materials used for making meth. According to the law, police must have probable cause before conducting a search of your car, apartment or office. If it is determined that the search was unlawful, anything produced as a result would be inadmissible in court and could lead to dismissal of your case.
At Spodek Law Group, we understand how daunting facing criminal charges can be and are committed to protecting your rights while providing comprehensive defense strategies tailored specifically for you. Our experienced attorneys will work diligently towards getting charges reduced or dismissed altogether if possible so please do not hesitate to contact Attorney Todd Spodek and his team today if you or someone close faces charges related to manufacturing methamphetamine – remember we’re here for you every step along this difficult journey!
Expert Legal Assistance
Our team at Spodek Law Group consists of experienced attorneys who possess deep understanding about laws and legal systems concerning drug-related cases which makes us confident enough that we can handle any such case effectively.
Why Choose Spodek Law Group?
We understand that each case is unique; therefore, our team takes time out from their busy schedules just so they can fully comprehend all details regarding your specific situation which helps them build strong defense strategies accordingly. We also have an excellent track record when it comes down handling complex legal issues arising from drug-related cases while ensuring best possible outcomes for our clients.
Experience You Can Trust
At Spodek Law Group, we have experience coupled with knowledge required by anyone seeking expert legal assistance during tough times like these where freedom hangs on balance due pending criminal charges against them – rest assured knowing that our lawyers will fight tirelessly until justice prevails!
Get In Touch With Us Today
If you or someone close to you is facing charges related to manufacturing methamphetamine, it’s crucial that legal representation be sought out as soon as possible. Contact Spodek Law Group today and schedule a consultation with Attorney Todd Spodek along with his team of experienced attorneys who are here for you every step of the way.
Table Outlining Penalties for Unlawful Manufacture of Methamphetamine in the First Degree
The following table outlines penalties associated with unlawful manufacture of methamphetamine in the first degree:
|Conviction||Possible Prison Sentence||Fine|
|No prior felony convictions||Minimum of 5 years, up to 25 years||Up to $30,000|
|Prior conviction||Minimum of 10 years, up to 25 years||Up to $30,000|