Unlawfully Manufacturing Methamphetamine in the First Degree - New York Penal Code 220.75

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.

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

Judges are able to use their judicial discretion whenever they impose sentencing, however, they must still impose a sentence which falls within the penalty guidelines for the particular felony. As with all criminal or civil legal cases, each case is individual in details and elements and only a criminal defense attorney can advise you what type of sentencing you might face.

Fines and Penalties

Along with any prison time to which a defendant might be sentenced, in Class B Felony drug-related cases, the law permits for higher imposed fines. Under NY Penal Law, § 80.00(1)(c)(iii) states that anyone violating Penal Code 220.75 can be fined up to $30,000 in addition to any prison sentence imposed.

Public Safety Concerns

Because the handling and manufacturing of methamphetamine creates a volatile environment, it results in toxic gases and can cause toxic explosions of the materials. This synthetic chemical is dangerous to humans and not only creates health problems but public safety hazards as well. United States Parks and Recreation areas have reported a major problem with meth labs and the US Forest Servicereports discovering dozens of abandoned meth labs in forest areas and labels them "time bombs."

Possible Defenses

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This is a serious charge which will need a serious defense strategy. Although one might think there could be no defense and only weak strategies to utilize in these cases, criminal defense attorneys have won them in many cities across the country. One possible defense could be a lack of search warrant, and another, probable cause. In New York, law enforcement must have probable cause to believe that within your private property, a methamphetamine manufacturing is occurring. Law enforcement must have a warrant to legally search a private residence or any evidence they might find will be inadmissible in a court of law. Another strategy your attorney might utilize is disputing the manufacturing implements and drug possession amounts found upon arrest.

Defense Strategy Considerations

There are details in each individual case that will determine the strategy an attorney might use to defend your case and those strategies that are available under the law can only be known once all facts and evidence have been presented to them.