New York Penal Code § 220.71: Criminal possession of methamphetamine manufacturing material in the first degree

Methamphetamine, commonly known as meth, speed, uppers, crystal meth, and ice, is a synthetic, dangerous stimulant. Under New York law methamphetamine is a Schedule II(d) controlled substance. It is taken orally, intravenously, or by inhaling. Manufacturing methamphetamine involves combining dangerous, volatile ingredients. Mishandling such ingredients can result in an explosion. It is illegal to possess materials used to make methamphetamine including a precursor, a chemical reagent or a solvent with the intent to manufacture methamphetamine. If you do so you would have violated New York Penal Code § 220.70, criminal possession of methamphetamine manufacturing material in the second degree. If, however, you have already been convicted of this crime in the prior 5 years and you are suspected of committing the crime a second time, the charge will be criminal possession of methamphetamine manufacturing material in the first degree in violation of New York Penal Code § 220.71.

Example

Based on a tip the police executed a search warrant on a home that supposedly housed a meth lab. While the police did not find meth, they did find ephedrine and pseudoephedrine, both of which are precursors for meth. The owner of the home could be prosecuted under first degree criminal possession of methamphetamine manufacturing material if this is his first offense, or second degree criminal possession of methamphetamine manufacturing material if this is his second offense. However, the prosecutor must show that the homeowner's intent was to use the materials to manufacture methamphetamine.

Related Offenses
  • Criminally using drug paraphernalia in the second degree: New York Penal Code § 220.50
  • Criminally using drug paraphernalia in the first degree: New York Penal Code § 220.55
  • Criminal possession of methamphetamine manufacturing material in the second degree: New York Penal Law § 220.70
  • Criminal possession of precursors of methamphetamine: New York Penal Code § 220.72
Defenses

If you are charged with criminal possession of methamphetamine manufacturing in the first degree, you may be able to challenge the charge by arguing that the search that uncovered the material was unlawful. There are rules that the police must follow in order to search someone's home, car, office, or other location. If the police do not follow such rules a court may find that the search was unlawful. If that happens the prosecutor may have no choice but to dismiss the case against you.

Sentence

Because criminal possession of methamphetamine manufacturing material in the first degree is a class E felony, if you are convicted the maximum possible prison sentence that you will receive is 4 years. Your sentence could also include a fine as well as a probation term of 5 years. In determining your sentence the judge will consider the crime committed, the details surrounding the crime, your personal background and your prior criminal record.

New York Penal Code § 220.71: Criminal possession of methamphetamine manufacturing material in the first degree

A person is guilty of criminal possession of methamphetamine manufacturing material in the first degree when he or she commits the offense of criminal possession of methamphetamine manufacturing material in the second degree, as defined in § 220.70 of this article, and has previously been convicted within the preceding five years of criminal possession of methamphetamine manufacturing material in the second degree, as defined in § 220.70 of this article, or a violation of this section.

Contact the Law Offices of Stephen Bilkis & Associates

If you are convicted of possessing methamphetamine making materials and it is your second offense, there is a good chance that you will end up on prison for a few years, and that you will be required to pay a fine. However, there may be defenses that will help you fight the charges. If you have been charged with a methamphetamine offense, you should immediately contact an attorney who has experience defending those accused of methamphetamine offenses. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients who have been accused of drug possession, crack possession, cocaine possession, marijuana possession, drug selling, and other drug crimes. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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