Substantial Pain Legal Definition
In People v. Chiddick, 8 NY3d 445, 866 N.E.2d 1039, 834 N.Y.S.2d 710 , the Court of Appeals acknowledged that substantial pain "cannot be defined precisely," but listed four factors to be considered when determining whether a victim experienced substantial pain. Id., at 447.
In determining whether there was legally sufficient evidence to support a guilty verdict of assault, a court must consider:
(1) the nature of the injury;
(2) the victim's description of the injury and level of pain and discomfort;
(3) whether the victim sought medical attention;
(4) the motive of the defendant. Id.
In addition, the Court of appeals stated that the legislative history of the Penal Law, in the section defining assault, states that " petty slaps, shoves, kicks and the like delivered out of hostility, meanness and similar motives' constitute only harassment." Id., at 448.