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Fort Myers Criminal Defense Lawyer / Blog / Criminal Defense / What Is the Definition of “Disfigurement” in a Fort Myers Aggravated Battery Case?

What Is the Definition of “Disfigurement” in a Fort Myers Aggravated Battery Case?

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Aggravated battery is a serious offense in Fort Myers, and it can lead to second-degree felony charges. Those convicted of this offense may face a maximum prison sentence of 15 years, fines, and other consequences. Although there are many ways to commit aggravated battery in Florida, a victim’s disfigurement is one way that these charges could manifest. How exactly do courts define “disfigurement” in this context?

Teen Accused of Yelling Racial Slurs and Biting Off Victim’s Ear 

In March of 2025, numerous sources reported that a violent altercation had led to the arrest of a teenager in Fort Myers Beach. The incident occurred during Spring Break, a time when teens around the state enjoy time off school. Many of these teens frequent Fort Myers Beach, and sometimes these minors can become violent.

Police say that at around 5 PM one afternoon, they responded to reports of a fight between two teenagers. During this altercation, one of the teens reportedly yelled racial slurs at the other and subsequently “jumped him from behind.” This led to the victim falling into a face-down position while the aggressor allegedly struck him repeatedly in the back of the head. Witnesses say that the teen then grabbed the victim by the hair, pressed his head into the sand, and bit his ear off.

First responders referred to this injury as a “traumatic auricular amputation.” According to one medical paper, this involves most or all of the ear being amputated – and this injury can cause “great aesthetic deformity.” Amputations of all types can lead to psychological issues, and an amputation of the ear is no exception.

This is an example of a disfigurement during an aggravated battery. The teen may therefore face much more serious consequences compared to a “simple assault,” including second-degree felony charges.

The Definition of “Disfigurement” in Aggravated Battery Cases 

In the context of aggravated battery, “disfigurement” may refer to a permanent injury that alters the victim’s appearance. This might include permanent scars, burns, amputations, deformities, and much more. Note that you may also face aggravated battery charges for causing a “great bodily injury” or “permanent disability.” In other words, the lack of disfigurement doesn’t necessarily mean you’ll escape second-degree felony charges – and courts have held that all three potential injuries constitute “one theory of proving aggravated battery.”

Can a Fort Myers Criminal Defense Attorney Help Me? 

If you have been accused of disfiguring a person during an attack, it makes sense to speak with an experienced criminal defense attorney in Fort Myers as soon as possible. This type of allegation could lead to aggravated battery and second-degree felony charges. However, the exact definition of “disfigurement” is somewhat subjective, and an experienced defense attorney may be able to argue that you did not actually disfigure the victim. To learn more about potential defense strategies, schedule a consultation with The Foley & Wilson Law Firm today.

Sources:

 journals.sagepub.com/doi/10.1177/0145561320982170?icid=int.sj-full-text.similar-articles.1

fox13news.com/news/florida-spring-break-brawl-ends-teen-biting-off-mans-ear-police

leg.state.fl.us/STATUTES/index.cfm

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