NY Penal Law § 220.75: Unlawful manufacture of methamphetamine in the first degree

There are 3 different drug offenses making it illegal to manufacture methamphetamine. The least serious offense is New York Penal Code § 220.73, unlawful manufacture of methamphetamine in the third degree. You would have violated this provision 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, if you have previously been convicted of a meth manufacturing offense twice within the prior 5 years, the third time you will be charged with the more serious charge of unlawful manufacture of methamphetamine in the first degree under New York Penal Code § 220.75. You will also be charged with unlawful manufacture of methamphetamine in the first degree if you have been previously convicted of second degree unlawful manufacture of methamphetamine based on having manufactured meth in the presence of a child.

A man who is a meth addict has been convicted of unlawful manufacture of methamphetamine in the third degree and unlawful manufacture of methamphetamine in the second degree. Based on suspicion that the man has again set up a meth lab in his home, the police search his home. They find no meth making materials, but do find trace amounts of meth. Based on the man's history of manufacturing meth, the police decide to arrest him. The prosecutor will mostly likely decline to charge him as a history of making meth is not sufficient to sustain a charge of unlawful manufacture of methamphetamine in the first degree.

1. Criminal possession of methamphetamine manufacturing material in the second degree: New York Penal Law § 220.70
2. New York Penal Law § 220.71
3. New York Penal Law § 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 first 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.

Unlawful manufacture of methamphetamine the first degree is classified as a class B felony. This means that if you are convicted you will be sentenced to up to 25 years in prison. If you have no prior felony convictions, then the minimum prison sentence will be 5 years, while if you have a prior conviction the minimum prison sentence will be 10 years. In addition, you may be required to pay a fine of up to $30,000.

A person is guilty of unlawful manufacture of methamphetamine in the first degree when such person commits the crime of unlawful manufacture of methamphetamine in the second degree, as defined in subdivision one of § 220.74 of this article, after having previously been convicted within the preceding five years of unlawful manufacture of methamphetamine in the third degree, as defined in § 220.73, unlawful manufacture of methamphetamine in the second degree, as defined in § 220.74 of this article, or unlawful manufacture of methamphetamine in the first degree, as defined in this section.

As a class B felony if you are convicted of first degree unlawful manufacture of methamphetamine you could end up in prison for over 2 decades. Once you get out of prison you will have a permanent criminal record with a drug felony that will affect many aspects of your life. Because of these possible consequences, if you have been charged with a methamphetamine offense you should immediately contact a lawyer who has experience defending those accused of drug 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 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