New York’s article 225 of the Penal Code describes crimes related to illegal gambling. In this code, gambling is described as the risk of something of value dependent upon a contingent event in the future that you have no control over. In this situation, it is understood that something of value will be given if and when a specific outcome is achieved. The law specifically relates to bets on games of chance. Even if some skill is required in the game, it can still be considered a game of chance, therefore, illegal gambling.
Illegal Gambling in New York
In the state of New York, gambling is tightly restricted, which means it is only authorized under very limited circumstances. Running a game of chance outside of authorized gambling establishments or wagering on games of chance can result in illegal gambling charges and criminal penalties.
Illegal Gambling Charges
Under New York law, the charges for gambling are largely dependent upon the type of gambling that went on. Additionally, prosecutors will look at a defendant’s criminal record when determining what type of charges to file. If a defendant has had previous gambling-related charges in their history in a certain period of time, the penalties for a second or additional gambling charge will be more significant. In general, the penalties for illegal gambling can vary from a class A misdemeanor to a class E felony.
Unlawful Gaming Practices
In addition to illegal gambling such as bookmaking and other games of chance, a defendant can be charged with illegal gambling if they use illegal gaming devices in a sanctioned gambling establishment. Examples of illegal gaming devices include:
- Loaded dice
- Fixed roulette wheels
- Marked cards
Promoting Illegal Gambling
Another type of illegal gambling charges a person in New Yorkcan be faced with includes promoting illegal gambling. A defendant can be charged with promoting illegal gambling if they knowingly advance or profit from the unlawful act. Like illegal gambling charges, there are different degrees to which a defendant can be charged with theillegal promotion of gambling. Promoting gambling in the second degree is a misdemeanor. Promoting gambling in the first degree is a much more serious crime and is classified as a class E felony.
To be considered a Class E felony charge, a person must have profited more than $500 in more than one day, accepted more than five bets totaling $5,000 in one day, or received written records regarding bets placed.
Illegal Gambling Attorney in New York
It is not uncommon for a defendant to face criminal charges when a law has been incorrectly interpreted or applied too broadly to a particular individual. The key to avoiding a gambling charge conviction is to understand the charges against you and your legal rights. To do this effectively, you will need a New York criminal defense attorney to represent you in court. Contact The Law Office of Stephan Jacob Siegel, Esq. today to better understand the charges you are facing. Attorney Stephan Jacob Siegel, Esq. has tried over 1200 cases in New York courts and will work to provide you with a solid defense.