New York Unlawful Disposal of Meth Lab Material Lawyer
Meth is a growing epidemic in New York State with the drug becoming more and more popular. One of the dangers outside of just the drug use is the danger in producing and creating meth. The most common danger of a meth lab is the risk of an explosion or fire.
That is why New York state has criminalized not just the use and sale of meth but also its production and byproducts. Anyone accused of a crime is already in an anxiety ridden situation that is made worse if they do not know what exactly they are being charged with.
Speaking with a New York unlawful disposal of meth lab material lawyer can help not just ease your concerns but also provide you with valuable information. Contact a skilled drug attorney today, and know that you are in capable hands.Statutory Law and Elements
Section 220.76 of the New York penal code makes unlawful disposal of meth lab material a crime. The law applies to individuals who know that materials are being used in a meth lab to further a meth operation and then knowingly dispose of those materials.
It also applies to people who possess these materials with the intent to dispose of them. The New York state court system has broken down this law, piece by piece to explain exactly which each term means.
First, hazardous or dangerous material is defined as any set of substances, either individually or combined, that create a significant risk to human safety or health, or a serious threat to the environment.
Second, possess means the person either has the items or has control over the items. Here, when looking at the individual’s state of mind for this crime there are two that come up – knowingly and intentionally. The court defines intent as purpose of conscious objective. It defines knowingly as a person being aware that they are disposing of hazardous material.What the State Must Prove
In order for the government to find someone guilty of any crime, the New York prosecutors have to prove that they committed the crime. The prosecution has the burden of proving every element beyond a reasonable doubt. In New York, the court has stated that there are two elements that must be proved by the government for this crime.
First, the prosecution has to establish that the person knowingly disposed of hazardous material that is a danger to human life and the environment, or that the person possessed hazardous material and had the intent to dispose of it.
Secondly, the government has to prove that the person knew that disposing of the items would further a meth-making operation.
Only if the prosecution has proved both of these elements of the crime beyond a reasonable doubt can a person be found guilty of the crime. The violation of this law is a Class E felony, which is a serious crime and can lead to long-lasting consequences. A New York unlawful disposal of meth lab material lawyer can help mitigate those consequences/ the penalties that a person may face.Talking to an Attorney
If you are in a situation where you have been accused of unlawful disposal of meth lab material, you should speak to a New York unlawful disposal of meth lab material lawyer that can advise you on the next steps you should be taking. Contact an attorney that can devote the time and resources necessary to build your defense.
Call the New York drug attorney and former Manhattan Assistant District Attorneys at (212) 312-7129 or get in touch online.