NY Penal Law § 220.74: Unlawful manufacture of methamphetamine in the second degree

It is against the law to manufacture methamphetamine not only because meth is a highly addictive illegal drug, but also because making meth is quite dangerous. Mishandling the volatile combination of materials required to make meth can result in a toxic explosion. You could face a charge of unlawful manufacture of methamphetamine in the third degree under New York Penal Code § 220.73 if you have:

1. Two or more pieces of lab equipment as well as 2 or more precursors, chemical reagents or solvents,
2. One piece of equipment and 3 or more precursors, chemical reagents or solvents,
3. A precursor mixed together with a reagent or solvent, or
4. Two or more chemical reagents mixed with a solvent

However, the charge you will face will be raised to unlawful manufacture of methamphetamine in the second degree under New York Penal Code § 220.74 if:

1. Within the prior 5 years you have been convicted of a methamphetamine-related crime, or
2. You commit unlawful manufacture of methamphetamine in the second degree in the presence of a child who is under the age of 16 and you are at least 5 years older than the child.

The police execute a search warrant based on suspicion that a meth lab was being operated out of a home where 3 children under the age of 15 lived. The police found acetone, pseudoephedrine, red phosphorus and sodium hydroxide as well as several pieces of equipment commonly used to make meth. However, no children were at the home and there was no evidence that any children lived at the home. While the owner of the home could be prosecuted for unlawful manufacture of methamphetamine in the third degree, they could not be charged with unlawful manufacture of methamphetamine in the second degree.

1. Criminal possession of methamphetamine manufacturing material in the third degree: New York Penal Law § 220.70
2. Criminal possession of methamphetamine manufacturing material in the first degree: New York Penal Law § 220.71
3. Criminal possession of precursors of methamphetamine: New York Penal Code § 220.72
4. Unlawful manufacture of methamphetamine in the third degree: New York Penal Code § 220.73
5. Unlawful manufacture of methamphetamine in the first degree: New York Penal Code § 220.75

If you are charged with second degree unlawful manufacture of methamphetamine, you may be able to successfully challenge the method the police used to find the materials. In order to conduct a search, the police must have probable cause. If the search was unlawful anything which the search produced would be inadmissible in court and your case would likely be dismissed.

Because criminal sale of a prescription for a controlled substance is a class C felony, if you are convicted your possible sentence will be up to 15 years in prison. The minimum sentence that the judge will give you is either 3 1/2 or 7 years depending on whether or not you have a prior felony conviction. You will also have to pay a fine of up to $15,000.

A person is guilty of unlawful manufacture of methamphetamine in the second degree when he or she:

1. Commits the offense of unlawful manufacture of methamphetamine in the third degree as defined in § 220.73 of this article in the presence of another person under the age of sixteen, provided, however, that the actor is at least five years older than such other person under the age of sixteen; or

2. Commits the crime of unlawful manufacture of methamphetamine in the third degree as defined in § 220.73 of this article and has previously been convicted within the preceding five years of the offense of criminal possession of precursors of methamphetamine as defined in § 220.72 of this article, criminal possession of methamphetamine manufacturing material in the first degree as defined in § 220.71 of this article, unlawful disposal of methamphetamine laboratory material as defined in § 220.76 of this article, unlawful manufacture of methamphetamine in the third degree as defined in § 220.73 of this article, unlawful manufacture of methamphetamine in the second degree as defined in this section, or unlawful manufacture of methamphetamine in the first degree as defined in § 220.75 of this article.

Drug cases can involve several complicated issues that could factor into the charge you face, whether or not you are prosecuted, whether or not you are convicted and if convicted, the sentence you face. If you have been arrested and charged with a methamphetamine manufacturing crime, immediately contact an experienced attorney. 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 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.