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220.71 Criminal possession of methamphetamine manufacturing material in first degree

Under the New York Penal Code 220.71 criminal possession of methamphetamine, manufacturing material in the first degree defines methamphetamine as a controlled synthetic substance under schedule II of the Controlled Substance Act consumed orally, injecting, or by huffing. Ingredients used to manufacture methamphetamine include ephedrine, pseudoephedrine, chemical reagents or solvents, which when combined produce the substance. The manufacture of meth is easy since its ingredients are instantly available and found in most households. The process involves mixing the volatile ingredients in a laboratory or kitchen to produce meth.

 

In New York, it is illegal to possess any such like materials with the intent of manufacturing methamphetamine. A person guilty is convicted under the Penal Code 220.70, Criminal possession of methamphetamine manufacturing material in the second degree. If a person has in the past five years pleaded guilty to the Penal Code 220.70, and is alleged to committing the crime a second time, the charge will be under New York Penal Code 220.71, criminal possession of methamphetamine manufacturing material in the first degree in violation.

 

Verdict

 

Criminal possession of methamphetamine manufacturing materials in the first degree is classified under Class E felonies. If found guilty, you are convicted to a maximum of four years imprisonment, a fine, or probation of five years. In determining your sentence, the judge will critically examine the crime committed, details relating to the crime, personal and family background, and previous criminal records.

 

Possible Defenses

 

If charged with the criminal possession of methamphetamine manufacturing material in the first degree, the defendant can challenge the charge under different defenses

 

Lack of probable cause: In New York, probable cause is required before the police can carry out a search for a private property. The police as well as the authorities must have reason to believe that a law was violated to evoke probable cause. The police must produce a search warrant issued by the court and follow specified laws when searching your home, office or car. If a search warrant is not produced or you do not give willful consent for a search, the court may deem the search as unlawful and the persecutor can dismiss the case.

 

No intention to manufacture meth: A defendant may prove innocence before the court by producing reliable evidence and documentation that the ingredients in their possession were for acceptable legal purposes. However, the defendant should be able to prove beyond reasonable doubt that the ingredients are not meant to manufacture meth or that they have never been persecuted under Penal Code 220.70.

 

Other probable defenses: With a critical analysis of the circumstances surrounding the case, the defendant can seek an experienced attorney who may uncover other viable approaches to challenge the conviction and convince the court that the defendant is innocent. Your defense attorney reviews the evidence produced in court, interviews the witnesses and examines the law enforcement procedure used during your arrest to identify any conflicting evidence as well as deviations that may challenge the charge and dismiss the case. As a rule of law, do not give any information when arrested without your defense lawyer for them to examine the details surrounding your case early.

by Leonard on Spodek Law Group
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