First Degree Unlawful Manufacture of Methamphetamine: New York Penal Code § 220.75

Manufacturing methamphetamine is against the law. Not only is the drug very addictive, but manufacturing it may result in toxic explosions that are hazardous. Methamphetamine is a controlled stimulant that is also known as speed, meth, crystal meth, uppers, and ice. It is relatively easy to produce because its precursors can be conveniently purchased at grocery and drug stores. Drug dealers and drug addicts commonly make methamphetamine in their own “meth labs.”

To discourage the open manufacture of methamphetamine, NY Penal Code § 220.75 was one of three laws enacted that make the production of the controlled substance illegal. This section of the code is the most severe. Under the law, a person is guilty of first degree unlawful manufacture of methamphetamine if:

1. The person had been convicted previously of a methamphetamine manufacturing crime twice within the prior five-year period and the third conviction for unlawful methamphetamine manufacturing is under immediate adjudication; or
2. The person had been convicted previously of second degree unlawful manufacture of methamphetamine because the activity was conducted in the presence of a child and the second conviction for unlawful methamphetamine manufacturing is under immediate adjudication.

Refer to New York Penal Code § 220.74 for more information about second degree unlawful manufacture of methamphetamine.

Suppose a man who was a meth addict had been convicted previously of one count each for third and second degree unlawful manufacture of methamphetamine. Police officers suspected that the man had reestablished a new methamphetamine lab in his apartment, so they searched his home. During the search, the officers did not find any methamphetamine manufacturing equipment or materials, but they detected trace amounts of meth. Because the man had prior convictions for felony unlawful manufacture of methamphetamine, the police officers arrested the man.

No intention to manufacture methamphetamine. To make a viable case for his innocence, the man must assemble evidence to support his argument of having no intention of unlawful manufacture of methamphetamine. In the situation described above, the absence of methamphetamine manufacturing equipment or materials would lend support to the man’s case.

Lack of probable cause. In New York state, probable cause is required before a legal search can be conducted on private property. Police must have reason to believe that a crime had been committed to impute probable cause. If it can be argued that the police officers did not have reason to think that a law had been broken, then any materials found during the related search may not be permissible as evidence in a court of law.

Other lines of defense. Top-notch defense attorneys who have been tested with many types of drug-related cases would have insights that could prove formidable in developing a strong case in favor of the defendant client. They may uncover lines of defense that escape less experienced defense attorneys.

Imprisonment. As a Class B felony, first degree unlawful manufacture of methamphetamine carries a sentence of up to twenty-five years in jail. With prior convictions for third and/or second degree unlawful manufacture of methamphetamine, the minimum time in prison is ten years.

Monetary Fine. A convicted individual may also have a mandatory payment of up to $30,000 to the court.

To summarize, a person is guilty of first degree unlawful manufacture of methamphetamine when that person:

1. Has a prior conviction for second degree unlawful manufacture of methamphetamine in violation of § 220.74 under the situation when the crime was committed in the presence of a child who is under sixteen years of age and the convicted was five or more years older than the child; or
2. Has a prior conviction for second degree unlawful manufacture of methamphetamine in violation of § 220.74 and within the previous five years had also been convicted for breaking one of the following laws:
   1. § 220.73 - Third degree unlawful manufacture of methamphetamine; or
   2. § 220.74 - Second degree unlawful manufacture of methamphetamine; or
   3. § 220.75 - First degree unlawful manufacture of methamphetamine.

A conviction for first degree unlawful manufacture of methamphetamine has severe consequences, affecting many aspects of a person’s future. A person convicted of this crime would face up to twenty-five in prison, possess a criminal record, as well becoming indebted to the courts for a large amount of money. To effectively defend yourself against the charge of first degree unlawful manufacture of methamphetamine, advice from a knowledgeable defense attorney is strongly advised.

Barry C. Weiss P.C. law firm capably defends individuals charged with first degree unlawful manufacture of methamphetamine. Further, Elliot Adler PC law firm has fought ardently on behalf of clients accused of any of the controlled substance crimes in the State of New York. The Elliot Adler PC law firm is known for developing formidable defense cases on behalf of clients accused of drug crimes, including the manufacture, possession or sale of controlled substances such as methamphetamine, Vicodin, LSD, heroin, crack, cocaine, PCP, OxyContin, and marijuana.

We can be reached at (212) 785-1300 or http://www.newyorkcriminallawyer24-7.com to schedule a no-obligation, free legal consultative meeting to evaluate your case.

For additional information, refer to the following sections of the New York Penal Code:

1. Criminal possession in the first degree of methamphetamine manufacturing material: § 220.71
2. Criminal possession in the second degree of methamphetamine manufacturing material: § 220.70
3. Criminal possession of methamphetamine precursors: § 220.72
4. Unlawful manufacture in the third degree of methamphetamine: § 220.73
5. Unlawful manufacture in the second degree of methamphetamine: § 220.74