Criminal Defense Lawyers

Second Degree Promoting Gambling: New York Penal Law 225.05

Promoting gambling in the second degree is defined under New York Penal Law section 225.05. To be guilty of promoting gambling in the second degree, you must knowingly profit from or advance the act of unlawful gambling.

Making Sense of New York Penal Law Section 225.05

Gambling is the act of risking value, based on uncontrollable chance, with the agreement that something of value will be received if a specific outcome occurs.

Advancing gambling activity occurs when you materially aid gambling but do not act as a player (a participant in the activity who has an equal chance of receiving winnings as all other participants and does not materially aid the gambling activity in any way). Also, you advance gambling activity when you control the premises where gambling is occurring, have knowledge of the gambling activity, and allow or do not attempt to prevent gambling activity on the premises.

To profit from gambling means you agree to accept value generated by gambling activity. To be charged with promoting gambling in the second degree you must promote the gambling activity “knowingly”. This means you must be aware that the gambling activity is unlawful. Unlawful gambling is gambling activity the law has not specifically authorized—not all gambling activity is unlawful.

The bottom-line: Promoting gambling in the second degree means you are aware you are promoting gambling activity that is not specifically authorized by the law by materially aiding gambling activity, controlling the premises where gambling is occurring, or accepting value generated by gambling activity.

Classification of New York Penal Law Section 225.05

New York Penal Law Section 225.05, promoting gambling in the second degree, is categorized and punishable as a serious class A misdemeanor.

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2024-03-21

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2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Article 10 in New York State Penal Law defines a misdemeanor as a criminal offense. Misdemeanors can be classified in three ways including class A, class B, or unclassified.

Conviction, Sentencing, and Punishment

According to New York State Penal Law, a class A misdemeanor conviction can result in jail time or probation.

New York State class A misdemeanor sentencing can range from 15 days to one year of jail-time or a three-year probationary period—with the exception of traffic violations.

Additionally, a fine can be imposed on the defendant. The fine can be a maximum of $1K or double the value you gained in committing the crime.

criminal consequences will vary depending on your prior criminal history and whether you committed additional crimes associated with your current charge of promoting gambling in the second degree. Should additional factors be involved, your criminal consequences could become more severe.

Understanding ‘Guilty’

According to New York Penal Law, if the specific gambling act is not defined as lawful, it is an unlawful gambling activity. If you knowingly advance or profit from unlawful gambling, you can be charged with promoting gambling in the second degree.
If charged and convicted of promoting gambling in the second degree in New York state, you will face a class A misdemeanor and be sentenced or penalized accordingly.

To be charged and convicted, you must be found guilty of the criminal offense. To be found guilty of promoting gambling in the second degree, the prosecutor must use evidence to prove, beyond a reasonable doubt, that you profited from or advanced unlawful gambling, and that you did either or both acts knowingly.

If the prosecution succeeds and the court finds you guilty of promoting gambling in the second degree, you will be charged with a class A misdemeanor.

If the prosecution fails to use evidence to prove you are guilty, beyond a reasonable doubt, of promoting gambling in the second degree, and the court does not find you guilty of the crime, you will not be charged with a class A misdemeanor.

The Best Outcome for Your Case

You need to have a strong defense counsel to defend and promote your case in court against the prosecution. To ensure the best possible outcome for your case, get a defense lawyer on your team immediately.

As criminal attorneys, we specialize in advocating for your rights and building the strongest case possible to prove your innocence, including mitigating any special circumstances like additional associated crimes or a criminal history.

Regardless of your unique situation, we can defend you against a promoting gambling in the second degree charge.

We want to begin building your defense today. Contact us now.