With the rise in the use of methamphetamine, there has been an increase in the number of people involved in the manufacturing of methamphetamine. The New York Penal Code includes a number of provisions addressing the unlawful manufacture of methamphetamine.
Overview of the Elements of the Unlawful Manufacture of Methamphetamine in the Second Degree
In order to understand the basic elements associated with the unlawful manufacture of methamphetamine in the second degree, an examination must first be made of the elements of the unlawful manufacture of methamphetamine in the third degree. The base set of elements associated with the unlawful manufacture of methamphetamine in the second degree requires an allegation that a person has in his or her possession two or more items of laboratory equipment together with two or more of the precursors needed to manufacture the drug, or chemical reagents or solvents.
The precursors, reagents, or solvents can be in any combination. In order to face this charge, a person must have both the equipment and materials as outlined in the statute.
The facts of the matter take a charge from third to second degree when an individual is in possession of the equipment and materials outlined a moment ago while in the presence of a person who is under the age of 16. There is one caveat. The caveat is that if the person in possession of the aforementioned equipment and materials is less than five years older than the referenced minor, this type of charge will not be made.
A person can also be charged with the unlawful manufacture of methamphetamine in the second is he or she has been convicted of a number of different offenses associated with the manufacture of methamphetamine in the previous five years. These include criminal possession of precursors of methamphetamine, criminal possession of methamphetamine manufacturing material in the first degree, and some other related offenses.
This crime is classified as a felony in the New York Penal Code. Specifically, unlawful manufacture of methamphetamine in the second is classified as a class C felony pursuant to the New York Penal Code.
Defenses to a Charge of Unlawful Manufacture of Methamphetamine in the Second Degree
There are a number of defenses that can be made to a charge of the methamphetamine in the second. One defense is that a person charged does not in fact have the proper number of pieces of equipment or materials in his or her possession at the time charges are made.
A possible defense, although a challenging one to make, is that a person charged with this crime was not aware that this equipment or material was in his or her possession. For example, a person charged with this crime could argue that if these items were found on the premises he or she owned, he or she did not know they were present.
Possible Penalties Upon Conviction
If a person is convicted of unlawful manufacture of methamphetamine in the second, he or she can face a prison term of up to 15 years. The length of a person’s prison term depends upon his or her criminal history as well as the specific facts and circumstances surrounding the particular case.
Retain Legal Counsel
The best course to protect a person’s legal rights and interests when charged with unlawful manufacture of methamphetamine in the second is to secure an experienced, skilled criminal defense attorney. Typically, a New York criminal defense lawyer charges no fee for an initial consultation.