New York Penal Code 220.55 Criminally Using Drug Paraphernalia I

New York Penal Code 220.55 makes it a crime to use drug paraphernalia after having a previous conviction for using drug paraphernalia. This law prohibits the use of items like pipes, bongs, scales, spoons, capsules etc. for the purpose of making, packaging or taking illegal drugs. Let's break down the key aspects of this law.

What is Drug Paraphernalia?

Drug paraphernalia refers to any equipment, product, or material intended for making, using, or concealing illegal drugs. This includes things like:

• Pipes
• Bongs
• Bowls
• Roach clips
• Rolling papers
• Grinders
• Scales
• Spoons
• Capsules
• Balloons
• Envelopes used to package drugs
• Kits for making, growing, or testing illegal drugs

It doesn't matter if the item also has some legal purpose - if it is intended for drug use in any way, it is considered paraphernalia under the law.

Previous Conviction Requirement

To be charged with this offense, the person must have a previous conviction for 2nd degree criminal use of drug paraphernalia under Penal Code 220.50. This means they were previously found guilty of possessing paraphernalia with intent to manufacture, package or use illegal drugs. Having this prior conviction elevates a paraphernalia possession charge from a Class A misdemeanor to a Class D felony under 220.55. Without the prior, it would be a lower misdemeanor offense.

Intent to Use

An important element of this crime is intent. The person must knowingly possess the item with the intent to use it for illegal drug activities like manufacturing, packaging, ingesting, or concealing drugs. Simply possessing the paraphernalia is not enough - the prosecution must prove intent to use it for drug-related purposes.

Defenses

There are several legal defenses that can potentially beat a 220.55 charge:

• Lack of Intent - The paraphernalia was not meant for illegal drug use, e.g. it was a tobacco pipe or just decorative item.
• Wrongful Police Conduct - Evidence was obtained through an illegal search or seizure.
• Misidentification - The paraphernalia did not actually belong to the defendant.
• No Prior Conviction - The defendant does not have a prior conviction under 220.50.

An experienced criminal defense attorney can evaluate the facts of the case and determine if any of these defenses apply.

Penalties

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A conviction under PC 220.55 can result in:

• Up to 1 to 2 years in prison
• Up to $5,000 in fines
• A permanent criminal record

In addition to the criminal penalties, a conviction can negatively impact a person's immigration status, custody rights, employment opportunities, and educational prospects.

Getting Legal Help

Fighting paraphernalia possession charges in New York requires an experienced criminal defense lawyer. A knowledgeable attorney can carefully examine the evidence and build the strongest possible defenses. In many cases, they can get charges reduced or even dismissed. Don't take chances with your future - if you've been accused of criminally using drug paraphernalia in New York, speak to a lawyer right away. A strong legal defense can help ensure the best possible outcome in your case.