The manufacture of any drug is strictly prohibited unless you are properly licensed by state and federal authorities. Drug manufacturing is one of the most serious drug crimes that a person can face as they are contributing to the opioid epdimic. If you have been arrested for or accused of any drug offense, including drug manufacturing, it’s in your best interest to enlist the help of a proficient Rockland County Drug Possession Attorney, as you may be in danger of losing your freedom. Please continue reading to learn the potential penalties you could face if convicted of drug manufacturing in New York.
What Penalties Will I Face for Drug Manufacturing in New York?
Firstly, drug manufacturing occurs when a person participates in any part of the process involves in creating an illegal substance. The term “manufacturing” encompasses a wide range of activities. Drug manufacturing peanlties are often significant. It’s often a felony offense, though it may be charged as a misdeamnor in some situations, such as where an individual is convicted o f possessing materials used to manufacture prescription drugs instead of illicit drugs.
Felony drug manufacturing convictions can lead to prison sentences as high as 10 years or more depending on the cirucmstances of the offense. Sentences for mismdeanor durg manufacturing charges can result in up to one year of jail time. Alongside jail time, you will face substantial fines. Misdemeanor fines can be as much as $2,000, while felony offenses are much steeper, potentially as high as $50,000 or more. It’s crucial to note that those with prior convictions will face harsher penalties for subsequent offenses.
Do Any Defenses Exist?
While drug manufacturing charges can seem overwhelming, a skilled Rockland County criminal defense attorney can help mount a solid defense to protect your rights. Some of the most common defenses include:
- Lack of intent: Under the New York State Controlled Substances Act, drug manufacturing requires a defendant to make an illegal substance knowingly or have the time to do so. In addition, you may be able to show that you had some of the ingredients or equipment for another reason and that you did not intend to manufacture an illegal substance. You may have a valid defense if the prosecution can’t show that you had the necessary intent.
- Police entrapment: If you were urged, harassed, or otherwise encouraged to violate the Controlled Substances Act by a law enforcement officer, you may have an entrapment defense. However, you must prove that if it weren’t for police coercion, you would not have committed the crime.
- Improper police procedure: If the police violated your civil rights by failing to obtain a warrant or the basis for their warrant was impermissible, you may be able to argue that the evidence obtained against you should be inadmissible as they conducted an illegal search and seizure. Additionally, if the police failed to follow proper procedures, the court may deem any statements obtained inadmissible. This includes failing to advise you of your Miranda rights or not allowing you to consult with legal counsel.
Durg manufacturing charges are no laughing matter, as being convicted could means lengthy prison sentence and a permanent criminal record. As such, it’s in your best interest to enlsit the help of a determined attroney from The Law Office of Carl Spector who can help defened your rights and interests.
