State v. Long

Following an altercation between defendant and his girlfriend, Gregory, defendant was convicted of one count of fourth-degree assault constituting domestic violence,1 which requires the state to prove, in part, that a person “cause [d] physical injury to another.” ORS 163.160(l)(a). “Physical injury” is defined as “impairment of physical condition or substantial pain.” ORS 161.015(7) (emphasis added). On appeal, defendant argues that the record lacks evidence sufficient to permit a finding that Gregory suffered “substantial pain,” and that the trial court erred in giving the jury the…