Second Degree Promoting Gambling: New York Penal Law 225.05

Second Degree Promoting Gambling, pursuant to New York Penal Law 225.05, is a potentially serious misdemeanor associated with equally serious punishment. As a class “A” misdemeanor, if you are convicted of PL 225.05 you would face as much as one year in a county jail regardless of your criminal background or lack of any criminal history. In New York City – Manhattan, Bronx, Brooklyn or Queens – the one year incarceration would be spent at Rikers Island while 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, your criminal lawyer or New York gambling defense attorney may also have to represent you against an assortment of other crimes often associated with gambling offenses that could further compound your potential defenses and sentence should you be convicted.

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 words in this statute are defined by the New York State legislature. Although further defined there, you knowingly advance gambling activity when you materially assist in unlawful gambling whether it be by housing the facilities or locating players. 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. Further, recognizing the collateral consequences to your arrest as well as secondary (and sometimes primary) additional crimes is also essential. Whatever the circumstances may be, consult with your criminal lawyer to best protect your future and rights. Let the former Manhattan and Federal prosecutors at Crotty Saland PC utilize their experience, advocacy and knowledge for you.

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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