A person commits the offense of habitual misdemeanor assault if that person violates any of the provisions of N.C. Gen. Stat. § 14-33 and causes physical injury, or N.C. Gen. Stat. § 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. (1995, c. 507, s. 19.5(c); 2004-186, s. 10.1.)