When it comes to the letter of the penal law in the state of New York, things can get a little tricky to understand, to say the least. You’re often going to have to end up facing a veritable mountain of legalese in your quest to understand just about anything that the language says, and in the process you’ll be wasting precious time that you could be devoting to mounting your legal defense. As a result of all of this, we here at Joseph Potashnik and Associates, PC have put together this ongoing series of posts to help you better understand the law and begin an effective defense that can get your charges reduced or even dropped completely. In this post we’re going to look at the charges involved in the various gambling offenses. Let’s get started with promoting gambling in the second degree.
Promoting gambling in the second degree.
You’re guilty of this particular crime when you knowingly advance or else profit from some kind of unlawful gambling activity. Promoting gambling in the second degree is a class A misdemeanor.
Promoting gambling in the first degree.
Now for the first degree charge of this crime, you’ll have to have knowingly advanced or profited from illegal gambling activity by either engaging in bookmaking in a way that you receive or accept in a single day more than five bets that come to a total of more than five thousand dollars, or if you received in connection with a lottery scheme some money or written records from someone other than a player whose chances are represented by those records, or more than five hundred dollars in one day, of money played in the scheme. Promoting gambling in the first degree is considered to be a class E felony.
Possession of gambling records in the second degree.
To be guilty of this crime, you’ll have to have knowledge of the contents of a paper or article that is used in the operation of a bookmaking scheme, or a kind that’s commonly used to operate a lottery scheme, but it is a defense that the writing or paper possessed by you made up bets made by you that didn’t exceed ten. This also includes paper that has explosive characteristics, as well as water soluble paper. Possession of gambling records in the second degree is a class A misdemeanor.
Possession of gambling records in the first degree.
To be guilty of this crime, you have to possess an article or paper (with knowledge of its contents) that either is commonly used to operate a bookmaking scheme, and which represents more than five bets for a total of more than five thousand dollars, or something that’s usually used in the operation of a lottery scheme that represents more than five hundred plays or even chances. Possession of gambling records in the first degree is considered to be a class E felony.
Possession of gambling records; defense.
It’s important to note that it’s not all bad. You do have a couple of defenses on your side when it comes to the charge of possession of gambling records. These are that the writing or paper that you had wasn’t used or even intended to be used in the operation of a bookmaking scheme, or in the operation of a lottery scheme either.
And there you have it. When you break down the letter of New York’s penal law into easy to understand components that show you the charges, the penalties for the charges, and the defenses that you have at your disposal, the whole enterprise becomes that much easier to deal with. Far from being convoluted, complicated, or confusing any more, when taken this way the law actually becomes interesting, and it also happens that you can be that much closer to staging a successful legal defense for any charges that might have been brought up against you. On the subject, if you’re facing absolutely any kind of legal problem at the moment, it’s critical that you get the right counsel for the job. At Joseph Potashnik and Associates, PC, we offer the very best when it comes to your personal legal defense. Get in touch with us today. It’ll be the best thing you do today.
Possession of a gambling device; defenses.
In any kind of prosecution for the crime of possessing a gambling device, it’s considered to be an affirmative defense that the slot machine you had wasn’t used or even intended to be used in the operation of any kind of illegal activity, and that the slot machine in question was an antique. Just to be clear, any slot machine that was made before 1941 is considered conclusive proof that the machine is in fact an antique. Also, that the slot machine you have was manufactured or else assembled by you just so that you could transport the slot machine in a sealed container to some kind of jurisdiction that’s outside of the state of New York, for purposes that are legal in said jurisdiction. Also, you can use the explanation that the slot machine you had wasn’t used or intended to be used in the operation of an illegal gambling activity, and it’s more than thirty years old, and you’re holding onto it in your home, or that the machine was transferred in a sealed container to function towards product development, research, or some other kind of manufacture or assembly, and the machine will be or was transported in a sealed container to somewhere outside the jurisdiction, for legal purposes. When you raise up one of these affirmative defenses, any slot machine that was seized can’t be destroyed or altered until there’s a final court determination. If this determination rules in your favor, the slot machine will be returned unharmed.
Gambling offenses; presumptions.
There are a couple of presumptions for these kinds of charges, too. Let’s look into them. Proof of possession of a gambling device is considered to be presumptive evidence that you’ve possessed it with knowledge of what it is. In any kind of prosecution where it’s necessary to prove that there was some kind of sporting event that occurred, a published report of it is considered admissible as evidence in court, and constitutes proof. Possessing three or more coin operated gambling machines or possessing one in a public place is presumptive evidence that you intended to use it for illegal gambling activity.
Use of counterfeit, unapproved or unlawful wagering instruments.
Lastly we have use of counterfeit, unapproved or unlawful wagering instruments. You’re guilty of this particular crime if you play or use a casino game designed to be operated by some kind of token or coin and then knowingly use chips or token that weren’t approved to be used for that machine. Possessing more than one counterfeit token or coin or anything else of the type is considered to be presumptive evidence that you possessed these things with the knowledge of what they were. Use of counterfeit, unapproved or unlawful wagering instruments is a class A misdemeanor.
As you can see, that was relatively painless, and ended up making a lot of sense. Just because the letter of the law seems intimidating at first glance doesn’t mean it has to be that way. In fact, if you break down the individual components of the law and explain them in easy to understand English instead of the legalese that you’ll so commonly find on the books, you’re left with some text that’s actually pretty interesting, text that can help you to figure out what the best course of action will be in terms of getting a good legal defense started. Because you might have a case that seems easy to beat and open and shut, but unless you have the right counsel for the job that case is going nowhere. With that in mind, if you’re facing any kind of legal trouble at all, it’s best that you get in touch with our attorneys in the office of Joseph Potashnik and Associates, PC. We’ll get everything straightened out and help you to reduce or even dismiss your charges outright.