N.C. Gen. Stat. § 14-33.2
Habitual misdemeanor assault
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
A person commits the offense of habitual misdemeanor assault if that person violates any of the provisions of G.S. 14-33 and causes physical injury, or G.S. 14-34, and has two or more prior convictions for either misdemeanor or felony assault, 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.
A person commits the offense of habitual misdemeanor assault if that person violates any of the provisions of G.S. 14-33 and causes physical injury, or G.S. 14-34, and has two or more prior convictions for either misdemeanor or felony assault, 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.
History
(1995, c. 507, s. 19.5(c); 2004-186, s. 10.1.)
Effect of Amendments. - Session Laws 2004-186, s. 10.1, effective December 1, 2004, and applicable to offenses committed on or after that date, rewrote the section.
Legal Periodicals. - Once, Twice, Four Times a Felon: North Carolina's Unconstitutional Recidivist Statutes, see 24 Campbell L. Rev. 115 (2001).
For comment, "Lots of Squeeze, Little (or No) Juice: North Carolina's Habitual Misdemeanor Larceny Statute, a Law Where Results Do Not Justify Costs," see 97 N.C.L. Rev. 432 (2019).
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.