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Possession of a Gambling Device
What is a considered a “gambling device” according to New York Penal Law 225.30? Does the New York criminal code explain or dictate when a gambling device is illegal? In other words, is it the device itself that is contraband or is it the manner in which the gambling device is used that potentially makes its possession a crime? Important questions to address with your gambling crime defense lawyer and criminal attorney, before examining the Penal Law as it relates to Possession of a Gambling Device, know that New York Penal Law 225.30 is not a mere violation. Instead, NY Penal Law 225.30 is a class “A” misdemeanor crime and the law provides for the same exposure upon sentencing to this offenses as it does every other similarly rated misdemeanor crime.
With a penalty as high as one year in jail – Dutchess County Jail, Westchester County Jail and Rikers Island, for example – should a judge or jury convict you, know that this criminal record will never be expunged. Simply, employers and anyone who conducts a background check in New York or beyond will see this conviction from day one going forward. If your criminal lawyer successfully challenges your arrest for Possession of a Gambling Device then ultimately you need not worry, but even if a criminal court judge does not send you to jail, he or she can mandate probation and other conditions.
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.
- Second Degree Promoting Gambling: New York Penal Law 225.05
- First Degree Promoting Gambling: New York Penal Law 225.10
- Second Degree Possession of Gambling Records: NY Penal Law 225.15
- First Degree Possession of Gambling Records: NY Penal Law 225.20
- New York Penal Law 225.30: Possession of a Gambling Device
Keeping in mind that an arrest is not proof beyond a reasonable doubt and your criminal lawyer will have the opportunity to challenge the prosecution’s ability to meet their legal burden, you are guilty of Possession of a Gambling Device if you have the knowledge of the character of a device you manufacture, sell, transport, place or possess, or even negotiate a transaction designed to affect the custody or use of:
- A slot machine (subject to some legal exceptions);
- 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
- 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.
It is likely not lost on you that a website cannot ascertain your best defense to an arrest or trial accusing you of any illegal gambling offense in New York. Instead, it is incumbent upon you to take the steps to protect yourself and retain the right legal counsel. Don’t wait to act or delay in your pursuit. Gambling on football games or illegal poker tournaments may be one thing, but on and with your future and liberty is a dangerous proposition. Contact the New York criminal defense attorneys and former Manhattan prosecutors at Saland Law today and let our experience and knowledge be your strongest advocate.
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.
