First Degree Possession of Gambling Records
A crime that many New York criminal lawyers and gambling defense attorneys see associated with and tied to Promoting Gambling in the First Degree (New York Penal Law 225.10) and Promoting Gambling in the Second Degree (New York Penal Law 225.05), First Degree Possession of Gambling Records is a felony that carries the same and greater force as its sister crimes. In fact, a conviction for New York Penal Law 225.20, whether you are arrested in Manhattan, Brooklyn, Queens, the Bronx, Yonkers, White Plains or any municipality in New York City or beyond, carries a sentence of up to four years in a New York State prison. To be very clear, it is irrelevant in the eyes of the law whether or not you have a criminal history when calculating your maximum exposure.
- Second Degree Promoting Gambling: New York Penal Law 225.05
- First Degree Promoting Gambling: New York Penal Law 225.10
- Second Degree Possession of Gambling Records: NY Penal Law 225.15
- Possession of a Gambling Device: New York Penal Law 225.30
- New York Penal Law 225.25 & 225.32: Defenses to New York Gambling Crimes
You are guilty of New York Penal Law 225.20 when you have knowledge of the contents contained in writing, paper, instrument or article in your possession and that paper, writing, etc.:
- Is of a kind that is commonly used in the operation or promotion of a bookmaking scheme or enterprise it represents (or constitutes) more than five bets totaling more than $5,000.00 (note the bet amount and dollar amount is comparable to First Degree Promoting Gambling); or
- It is of a kind commonly used in the operation, promotion or playing of a lottery and representing, constituting or reflecting more than 500 plays.
Of significant concern, when you are arrested for or convicted of First Degree Possession of Gambling Records, incarceration is a distinct possibility. Whether you are acting as an accomplice or the principal of a New York gambling offense, the concerns and issues do not end there. Not only are there numerous crimes that can lead to mandatory incarceration or prison for terms up to twenty five years, professional licensing (as an attorney, physician, educator, or financial services employees) can be compromised. Even if merely suspended, the risk of the loss of a license is great. Simply, when charged with New York Penal Law 225.20 and related offenses, the criminal consequences extend well beyond the courtroom.
- New York Penal Law 460.20: Enterprise Corruption
- New York Penal Law Article 470: Money Laundering
When examining the strongest and best defense to an arrest or indictment for a New York gambling crime, there are many questions that you and your criminal lawyer must address and answer. Not only is it essential to ascertain if you are alleged to be “acting in concert” with another defendant or you are accused of actually taking part in a specific crime, when it comes to a possession offense, how is it that prosecutors intend on proving that possession? Was your possession actual or constructive? Were you merely in the same room, apartment or office where records were recovered? What evidence establishes that you had knowledge of the content of those instruments and papers? Are you tied to this contraband due to statements on a phone wiretap or an admission you are claimed to have made during or after your arrest? Addressing these questions and constructing your defense is critical as memories, evidence and corroboration dilutes over time if not properly preserved immediately.
- New York Gambling Crimes General Information Page: NY PL Article 225
- NewYorkCriminalLawyerBlog.Com – Who Can be Charged with Promoting Gambling
- NewYorkCriminalLawyerBlog.Com – Proper Pleading for Gambling Record Crimes
Protect not just yourself, but your family and your future. Years of incarceration is no way to live out your life. Educate yourself on the law. Find and work with competent legal counsel. Let the New York criminal lawyers and former prosecutors at Crotty Saland PC use their combined decades of criminal prosecution and defense experience as well as their advocacy and knowledge work for you.
Contact the New York Possession of Gambling Records criminal defense lawyers and former New York prosecutors at (212) 312-7129 or contact us online today.