New York Criminal Possession of Precursors of Meth Lawyer
If you have been accused of possessing precursors of methamphetamine (meth), speaking to a lawyer can be vital in understanding what exactly you have been charged with and how serious it is.
It is estimated that meth use in New York City alone has gone up 66 percent from 2009 to 2011. The drug is on the rise all over New York state and this is reflected in harsher punishments.
Being accused of a crime is a very difficult situation to be in, but speaking to an experienced and knowledgeable attorney can make the situation a little less worrisome. Contact a New York criminal possession of precursors of meth lawyer who can help explain the law and the options that you have.What Qualifies as a Meth Precursor Under New York State Law
Section 220.72 is the specific law for Criminal Possession of Precursors of Meth. This law makes it illegal to have a precursor, solvent, or chemical reagent that the person plans to use to make meth.
Under this law it is also illegal to possess these items if you know that someone else is planning on using the items to create meth. The NYS court website has broken down this law element by element. Possession means either physical possession or control over an item.
For this specific law, precursors are pseudoephedrine, ephedrine, any salt, isomer, or salt of an isomer of such substances. It also includes any chemical reagent or solvent that can be used to make, prepare, or produce meth.
For any criminal act, the person has to have the mens rea (mental state) required by the law. Here, the law has a mens rea of intent. This means that anyone accused of criminal possession of precursors of meth has to have the purpose or conscious objective to use those items to make meth.Elements the Prosecution Must Prove
First, the law only applies to people who do not have the authority to manufacture meth. So, a lawyer can help people figure out if they fall into any of those exceptions of people who can lawfully make meth.
Furthermore, a criminal case requires that the prosecution prove every single element beyond a reasonable doubt. So, the prosecution would have to first prove beyond a reasonable doubt that the person possessed the solvent, chemical reagent, or precursors of meth.
Then, the prosecution would have to prove beyond a reasonable doubt that the person had the intent to use the items to create meth or knew that someone else intended to use those items to create meth.Possible Penalties for Meth Conviction
Under New York State law, criminal possession of precursors of meth is a class E non-violent felony. For this type of classification, a person can be imprisoned up to one and a half years.
It is important to speak with a criminal possession of precursors of meth lawyer to get a more definite idea of what types of punishment are defined in this law. Sentencing information is very general and can vary from person to person depending on their situation and past history. A New York criminal possession of precursors of meth lawyer can work to mitigate the penalties that a person may face.How a Lawyer Can Help
If you are caught in a situation where you are accused of violating this law, you should speak to a lawyer who can help you.
A New York criminal possession of precursors of meth lawyer can help you by fighting against the prosecution, creating reasonable doubt as to these two required elements. Contact a criminal possession lawyer today to learn more.