Second Degree Promoting Gambling

Second Degree Promoting Gambling, pursuant to New York Penal Law 225.05, is not a potentially serious misdemeanor, but as any gambling crimes lawyer in New York will explain, this offense is unequivocally a devastating offense associated with equally overwhelming punishment. Should you need to re-read that statement to best ensure it sinks in, you are encouraged to do so.

As a class “A” misdemeanor, if you are convicted of PL 225.05 your sentencing judge in any criminal court throughout the City of New York or any city, town, or village justice elsewhere in the Empire State, has the ability, discretion and right to sentence you to one year in jail. Know that even if you record is pristine and your criminal background is immaculate, the law “doesn’t care” as the law allows for this potential sentence for each and every defendant. Adding a little motivation to address your criminal charges properly, if a court sentenced you to jail in New York City – Manhattan, Bronx, Brooklyn or Queens – your home for one week, three months or one year would be on Rikers Island. Similarly, a conviction for Promoting Gambling in the Second Degree in either Rockland or Westchester counties would land you in their respective county facilities.

Complicating matters involving investigations and arrests for Promoting Gambling offenses, there are an assortment of other crimes associated with gambling offenses that could further and adversely impact your potential defenses, compound your perilous legal position and enhance your sentence should you be unable to avoid conviction. It is essential that you discuss all of this with the lawyer you retain to represent to face these allegations.

Second Degree Promoting Gambling: Elements of NY Penal Law 225.05

In the simplest of terms, you are guilty of Second Degree Promoting Gambling in New York if you knowingly advance or profit from unlawful gambling activity. As discussed in the New York Gambling Crime homepage addressing the statutes and definitions related to New York gambling felonies and misdemeanors, the New York State legislature defined many terms and words in this statute when they drafted New York’s gambling laws.

Although further defined there, you knowingly advance gambling activity when you materially assist in unlawful gambling. Not the most meaningful description, assisting unlawful gambling can come in numerous forms, some obvious and others not. For example, if you house the facilities where unlawful gambling occurs or engage in the locating of players to engage in unlawful gambling, then your conduct likely satisfies requirements of PL 225.05. You profit from unlawful gambling when, among other things, you make money from the illegal activity not in a gaming or playing capacity.

Ultimately, how your particular case plays out in terms of how prosecutors believe you either advanced or profited from unlawful gambling turns on the specifics of your case. Identifying defenses as early in your case as possible is often a critical first or second step along with securing the evidence necessary to challenge the allegations. Further, recognizing the collateral consequences to your arrest as well as secondary, and sometimes primary, crimes that can be equal to or far greater in their potential magnitude and punishment, is also essential.

Whatever the circumstances may be, do yourself a favor and acknowledge that merely because your crime is not one of violence and may be legal in another state has no bearing on the criminal conduct in New York. Consult with your criminal lawyer to best protect your future and rights. When there is no substitute for advocacy, experience and knowledge, let the criminal attorneys and former Manhattan prosecutors at Crotty Saland identify and implement your strongest defense.

Contact the New York gambling defense lawyers and former New York prosecutors at (212) 312-7129 or contact us online today.

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