What Constitutes Drug Manufacturing?

Section 220.73 of the New York Penal Law concerns methamphetamine manufacturing. According to this section, a person can be charged with a crime if they possess laboratory equipment and/or substances that could be used to manufacture, produce, or prepare methamphetamine. It's worth noting that possessing these items at the same time and place is a critical factor in determining the intent to engage in drug manufacturing.

While drug manufacturing charges can encompass a range of illegal substances, New York's specific laws concern the manufacturing of methamphetamine. Sections 220.73 through 220.75 of the New York Penal Law are specifically tailored to address the manufacturing of methamphetamine.

What Are Possible Penalties for Unlawful Manufacturing?

Regarding drug manufacturing offenses, the potential penalties can vary depending on the degree of the charge and the case's specific circumstances.

Exploring Third-Degree Charges

At the lowest level is third-degree unlawful manufacture of methamphetamine, which is considered a class D felony in New York. If convicted, individuals may face a prison sentence of up to seven years and be subject to fines of $5,000. While this is the least severe degree of charge, it is still a significant legal matter that demands careful attention.

Examining Second-Degree Manufacturing Charges

Moving up a level, second-degree charges arise when someone commits a meth manufacturing offense in the presence of a person under 16 years of age and the alleged offender is at least five years older. Additionally, a second-degree charge can apply if the actor has a previous conviction for a qualifying offense within the past five years. 

In New York, second-degree manufacturing is a class C felony. Individuals can face imprisonment for up to 15 years and a fine of up to $15,000.

Understanding First-Degree Manufacturing Charges

The most severe level is first-degree manufacturing. The charge is applicable when the actor has a previous conviction for unlawful meth manufacturing within the past five years.

First-degree manufacturing is a class B felony. A conviction can lead to a maximum prison term of 25 years, coupled with fines reaching up to $30,000.

Schedule a Consultation Today

At Raiser and Kenniff, P.C., we take a strategic and creative approach to each client's unique case. We understand that every situation is different and tailor our legal solutions accordingly. Our attorneys are skilled at analyzing the evidence, identifying weaknesses in the prosecution's case, and leveraging our extensive knowledge of criminal law to build robust defense strategies.

To discuss your charge with a drug manufacturing attorney in NYC, please contact us at (888)-646-0025.