Legal Question in Criminal Law in North Carolina

� 90‑108. Prohibited acts; penalties.

(a) It shall be unlawful for any person

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(7) To knowingly keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled substances in violation of this Article for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this Article;

(b) Any person who violates this section shall be guilty of a Class 1 misdemeanor. Provided, that if the criminal pleading alleges that the violation was committed intentionally, and upon trial it is specifically found that the violation was committed intentionally, such violations shall be a Class I felony. A person who violates subdivision (7) of subsection (a) of this section and also fortifies the structure, with the intent to impede law enforcement entry, (by barricading windows and doors) shall be punished as a Class I felon.

Ask your attorney about the rest. The sentence will vary based on the offense gravity score (it will be a felony or msidemeanor depending on if the offense was commited intentionally or not) and the prior record score (based on if the person has a prior adult criminal record). The more of a criminal history the defendant has the more likely it is for incarceration. Other factors are aggravating or mitigating circumstances, such as age of defendant, remorse for the crime etc.

Again, this is for the criminal attorney handling the defendant's case to discuss with the defendant.