Possession of a Gambling Device

An “A” misdemeanor crime punishable by as much as one year in jail and with a criminal record that will never be expunged (employers and anyone who conducts a background check in New York or beyond can see this conviction), Possession of a Gambling Device, New York Penal Law 225.30, is a very serious offense.

New York Penal Law 225.30 exemplifies how not all New York gambling crimes relate back to the exchange of money for overseas transactions, bookies or illegal poker games. Simply, certain objects due to their nature or type can be the foundation of a criminal charge.

You are guilty of Possession of a Gambling Device if you have the knowledge of the character of that device you manufacture, sell, transport, place or possess, or even negotiate a transaction designed to affect the custody or use of:

  1. A slot machine (subject to some legal exceptions);
  2. Any other gambling device (prosecutors must establish beyond a reasonable doubt your believe that the device is to be used in the advancement of unlawful gambling activity; or
  3. A coin operated gambling device with intent to use that device in the advancement of unlawful gambling activity.

Whatever object, instrument or device that prosecutors alleged you possessed with this knowledge and intent, it is central to your defense to understand the definitions that are the basis of this crime and statute as well as the potential defenses – statutory and otherwise. In fact, it is important to recognize that certain harmful legal presumptions are built into the New York Penal Law that prosecutors can easily use to further their case against you.

Don’t wait to take action. Gambling on your future and liberty is a dangerous proposition. Contact the New York criminal defense attorneys and former Manhattan and Federal prosecutors at Crotty Saland PC today and let our experience, knowledge and advocacy work for you.

Contact the New York Possession of Gambling Device criminal defense lawyers and former New York prosecutors at (212) 312-7129 or contact us online today.

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