The ever-growing popularity of meth in New York State is a serious concern for lawmakers. In addition to the use and sale of the drug, there are also dangers associated with creating and producing meth. Meth labs are notorious for the risk of fire and explosion they pose to people in the vicinity.
New York State has enacted a number of laws pertaining to the production of meth and its associated byproducts. These laws have not been on the books for very long and can be a bit confusing for individuals accused of these offenses.
You should confer with a New York lawyer skilled in crimes regarding the unlawful disposal of meth lab material if you are ever charged or associated with a crime of this type.
New York penal code section 220.76 establishes the criminality of meth lab material disposal. The law covers the actions of individuals who knowingly and willingly dispose of material that was used to further the operations of a meth lab.
Penal code section 220.76 can also be applied to people who are in possession of meth lab material they intend to dispose of at a later time. The law has been broken down into pieces to properly explain each of its elements.
- Dangerous or hazardous materials are defined as one or more items that threaten either the health and well-being of people or pose a significant threat to the environment.
- Possession for an individual means the materials are either in his or her possession or control can be exercised over the items.
- Knowledge is established once a person knowingly takes action to dispose of hazardous material.
- Intent is defined by courts in New York as the purpose of conscious objective.
State Burden of Proof
Proof must be established beyond a reasonable doubt to convict a person of a crime in New York. The brunt of this burden rests with the prosecutor. Two elements must be proven by the government to gain a conviction for the unlawful disposal of meth lab material.
- The accused disposed of or demonstrated the intention to dispose of a material that was a danger to life or the environment.
- The accused was cognizant of the fact the disposal of the material was aiding a meth operation.
- The manner in which hazardous materials were disposed of presented a threat to humans and the environment.
Prosecutors must connect you to the hazardous material before a conviction for unlawful disposal of meth lab material can take place. If this connection cannot be established by prosecutors, they will have a hard time convicting you of the defense. You should discuss this very important matter with a criminal defense attorney.
A violation of statute 220.76 is a class E felony and both elements listed above must be proven before a conviction under the statute is possible.
A class E felony in the state of New York is a serious offense that can have long-lasting consequences on the life of the accused if a conviction is obtained by the government. The maximum prison term for this is offense is four years. A conviction can also carry with it a five year period of probation and a sizable fine. Factors such as your prior criminal history, details of the crime, and relevant issues in your personal background will be used by the court to determine an appropriate sentence.
A case involving the unlawful disposal of meth lab material is a serious issue that an accused person should not try to handle on their own. The services of a skilled attorney who possesses experience with such matters should be trusted.
Speaking With a Lawyer
If you or someone you care about face charges involving the unlawful disposal of meth lab material, it is important to mount a defense on your behalf as early in the process as possible. The steps you take when facing a serious legal crisis will have a great impact on your life. A lawyer who can devote sufficient time and resources to properly defend your interests is an absolute necessity.