Much like it is illegal for people to possess or distribute controlled substances, it is also illegal for people to manufacture these items. While the state penal code contains few statutes that explicitly outlaw the manufacturing of these substances, many people are instead prosecuted under laws that prohibit the possession of drug paraphernalia.
This combination of laws can strictly punish any person who is convicted. Even the lowest level of these statutes are class “A” misdemeanors, where a conviction can result in up to a year in jail. More serious violations are felonies that can carry significant prison sentences, including mandatory minimum sentences on certain offenses.
An Astoria drug manufacturing lawyer could help you fight back when you face these charges in criminal court. Mike Schillinger is a knowledgeable drug defense attorney who aims to protect the rights and freedoms of his clients while examining the prosecution’s case for weaknesses. When necessary, Mike can also fight your case at trial and argue your case before a jury to give you the best chance for a positive outcome.
Only a few statutes specifically outlaw the manufacturing of illegal drugs. Specifically, the legislature passed laws that punish the manufacturing of methamphetamines, contained in New York Penal Code § 220.70. Per this statute, it is illegal to manufacture methamphetamine and to possess any item with the intent to use it to manufacture the drug. Convictions here are class “A” misdemeanors.
The charges become much more serious when a person has a previous conviction for the possession of methamphetamine production materials or unlawful disposal of equipment used to produce methamphetamines. These accusations are felonies, where a conviction can potentially result in significant prison time. Mike Schillinger is an attorney in Astoria who could argue for lesser charges in a drug manufacturing case.
Charges that involve the alleged production of other drugs are typically pursued under the drug possession or distribution laws. Police will usually add a charge of intent to distribute when they catch someone intending to sell drugs. According to New York Penal Code §220.06, criminal possession of a controlled substance in the fifth degree is a class “D” felony.
However, prosecutors are also able to charge people with simply possessing items that could conceivably be used to package drugs. These can include gel caps, small baggies, or even rubber balloons. If police seize this material and can connect it to drug activity, they can charge a person with a crime. Under New York Penal Code §220.50, the charge is known as possessing drug paraphernalia and is a class “A” misdemeanor. Mike Schillinger is a drug manufacturing lawyer in Astoria who could help you argue the paraphernalia was not intended for use in manufacturing drugs.
Allegations that a person has illegally manufactured a controlled substance can be confusing and intimidating. In some cases, a person is only accused of having materials that could potentially be used to package illegal drugs. In more serious cases, people are charged with operating drug production facilities.
In every case, an Astoria drug manufacturing lawyer could provide an essential advantage. Mike works with his clients to help them understand the law and develop a defense strategy designed to meet their goals.
Mike Schillinger is an attorney who may be able to help, whether negotiating a fair plea deal or fighting the charges at trial. Contact our firm today to schedule a consultation.
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