Second Degree Unlawful Manufacture Methamphetamine: New York Penal Code § 220.74

The manufacture of methamphetamine is a violation of the law. Not only is the drug highly addictive, but its manufacture may result in dangerously toxic explosions. Methamphetamine is a controlled substance and a highly addictive stimulant that is also known as speed, uppers, meth, crystal meth, and ice. It is fairly easy to produce because its precursors are available from local grocery or drug stores for purchase by any one. It is a not unusual for drug dealers and drug addicts to make their own methamphetamine in their own “meth labs.”

In an attempt to discourage the unchecked manufacture of methamphetamine, NY Penal Code § 220.74 was one of three laws making the production of the controlled substance illegal. This section of the code is the second most severe. According to the law, a person is guilty of second degree unlawful manufacture of methamphetamine if:

1. The person has been convicted of a methamphetamine-related crime within the prior five-year period; or
2. The person has unlawfully manufactured methamphetamine while a child is present who is less than sixteen years of age and the person is at least five years older than the child.

Suppose the police were called to a home because neighbors reported that they suspected that a man was producing methamphetamine in his home where it was believed that three children under the age of fifteen also lived. The police obtained a search warrant and found sodium hydroxide, red phosphorus, pseudoephedrine, and acetone, as well as several pieces of equipment that were known to be commonly used in the manufacture of methamphetamine. While the police were searching the home, they could find no evidence that children under the age of fifteen ever lived in the home. There were no children in the home when they were conducting their search. With no children living in the home and no prior methamphetamine-related conviction, the police could not charge the man with second degree unlawful manufacture of methamphetamine; however, they could potentially charge the man with unlawful manufacture in the third degree of methamphetamine.

No intention to manufacture methamphetamine. To assert his innocence, the man must show the prosecuting attorney that he had no intention of manufacturing methamphetamine. In the case described above, the evidence appeared to be incriminating for one of the unlawful manufacture of methamphetamine codes.

Lack of probable cause. In the State of New York, probable cause is a requirement in order for law enforcement personnel to legally search a person’s private property. Police must have reason to believe that an individual committed a crime to claim probable cause. If the police officers did not have reason to believe that the law was violated, then materials found during the search will not be permitted as evidence in a court of law. In the situation described above, the police gained access to the home with a search warrant.

Other lines of defense. With a keen ability to envision alternatives in situations and understand how judges and jurors make decisions, an astute defense attorney can be a formidable ally in leveraging the legal process in the defendant’s favor.

To determine a suitable sentence for the crime, the court will consider the crime, the evidence, as well as whether the convicted has a prior felony.

Imprisonment. As a Class C felony, second degree unlawful manufacture of methamphetamine carries a sentence of up to fifteen years of imprisonment. If the convicted person does not have a prior felony conviction, the judge has the option of sentencing the convicted individual a minimum of three and a half to seven years in jail.

Monetary Fine. A convicted individual may also have a mandatory payment of up to $15,000 to the court.

To reiterate, a person is guilty of second degree unlawful manufacture of methamphetamine when that person:

1. Unlawfully manufactures methamphetamine in violation of § 220.73 while in the presence of a child who is under sixteen years of age and the transgressor is five or more years older than the child; or
2. Unlawfully manufactures methamphetamine in violation of § 220.73 and within the previous five years has been convicted for violating one of the following laws:
   1. § 220.71 - Criminal possession in the first degree of methamphetamine manufacturing material; or
   2. § 220.72 - Criminal possession of methamphetamine precursors; or
   3. § 220.73 - Third degree unlawful manufacture of methamphetamine; or
   4. § 220.75 - First degree unlawful manufacture of methamphetamine; or
   5. § 220.76 - Unlawful disposal of methamphetamine laboratory material.

A conviction for second degree unlawful manufacture of methamphetamine has deleterious effects on a person’s life. A person convicted of this crime would face up to fifteen years behind bars, have a criminal record, as well as owe the courts a formidable amount of money. To effectively defend yourself against the charge of unlawful manufacture of methamphetamine, you must immediately seek legal counsel.

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

We can be reached at (212) 785-1300 or 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 manufacture 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 first degree of methamphetamine: § 220.75