A person commits the offense of habitual misdemeanor assault if that person (i) violates any of the provisions of G.S. 14-33 and causes physical injury, G.S. 14-32.5, or G.S. 14-34, and (ii) has two or more prior convictions for misdemeanor assault, felony assault, or a violation of G.S. 14-32.5, with the earlier of the two prior convictions occurring no more than 15 years prior to the date of the current violation. A conviction under this section shall not be used as a prior conviction for any other habitual offense statute. A person convicted of violating this section is guilty of a Class H felony.
N.C. Gen. Stat. § 14-33.2
Habitual misdemeanor assault
Applied in 19 court decisions — leading case 160 N.C. App. 200 - State v. McCree (2003)
Most recently applied in 265 N.C. App. 309 - State v. McAllister (May 2019)
1995, c. 507, s. 19.5(c); 2004-186, s. 10.1; 2025-70, s. 17(b).
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.