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NY Penal Law § 220.75: Unlawful manufacture of methamphetamine in the first degree
NY Penal Law § 220.75: Unlawful manufacture of methamphetamine in the first degree
There are 3 different drug offenses interdicting the manufacture of methamphetamine. The least flagrant of these offenses is New York Penal Code § 220.73, unlawful manufacture of methamphetamine in the third degree. You would be in violation this provision if you possess:
- Two or more articles of lab equipment, and also 2 or more meth precursors, chemical reagents or solvents,
- One article of equipment and 3 or more meth precursors, chemical reagents or solvents,
- A meth precursor mixed together with a reagent or solvent, or
- Two or more known meth chemical reagents mixed with a solvent
That said, if you have been convicted of a meth manufacturing offense twice within the previous 5 years, the third infraction will get you the more serious charge of unlawful manufacture of methamphetamine in the first degree under New York Penal Code § 220.75. You would also face the charge of unlawful manufacture of methamphetamine in the first degree if you have been previously convicted of second degree unlawful manufacture of methamphetamine on the basis of having manufactured meth in the presence of a child.
An Example
A man who is a meth addict has already been convicted of unlawful manufacture of methamphetamine in the third degree and also unlawful manufacture of methamphetamine in the second degree. On the basis of suspicion that the man has again set up a methamphetamine laboratory (a meth lab) in his home, the police conduct a search of his home. They find no meth making materials in the search, but do discover trace amounts of meth. Based on the man’s history of manufacturing meth, the police opt to place him under arrest. The prosecutor will more than likely decline to charge him as a history of making meth is not enough to sustain a charge of unlawful manufacture of methamphetamine in the first degree.
Offenses that are Related
New York Penal Law § 220.71
New York Penal Law § 220.72
Criminal possession of methamphetamine manufacturing material in the second degree: New York Penal Law § 220.70
Unlawful manufacture of methamphetamine in the third degree: New York Penal Code § 220.73
Unlawful manufacture of methamphetamine in the first degree: New York Penal Code § 220.75
Possible Defenses
If you are charged with first degree unlawful manufacture of methamphetamine you may be able to successfully challenge the method the police used to discover the materials. Pursuant to the law, in order to conduct a search, whether it is a search of your car, apartment or office, the police must demonstrate that they had probable cause to do so. If it is determined that the search was unlawful, anything which the search produced would be inadmissible in court and your case would likely be dismissed.
Sentence
Unlawful manufacture of methamphetamine the first degree is categorized as a class B felony. What this means is that if you are convicted, you could be looking at up to 25 years in prison. If you have no prior felony convictions on your record, then the minimum prison sentence is 5 years. If, on the other hand, you do have a prior conviction, the minimum prison sentence will be 10 years. Additionally, you may be ordered to pay a fine of up to $30,000.