State v. Curiel

Fourth Degree Assault requires “substantial pain” experienced by the victim meaning the pain should not be fleeting or inconsequential. Statements which purport to explain an instance of domestic violence made within 24 hours of the incident are permissible.

Defendant appealed a conviction for fourth degree assault (Count 1) and harassment constituting domestic violence (Count 2). He assigned error to the court's denial of his acquittal and the admission of out of court victim statements. The State argued that the statements were relevant and admissible to "rebut a claim of self-defense by defendant" and that it fell within the realm of the domestic violence hearsay exception. Fourth degree assault requires “substantial pain” experienced by the victim meaning the pain should not be fleeting or inconsequential. The victim described a “stinging shock” there is no evidence of marks left on the victim. There was not enough evidence for a conviction for fourth degree assault. Statements which purport to explain an instance of domestic violence made within 24 hours of the incident are permissible. In this instance, victim’s statement was not related to the incident in question because it did not stem from Defendant’s “possessive or controlling” nature. The reason for the incident was not conveyed in the record at all. Reversed on Count 1; reversed and remanded on Count 2.