What Is Disfigurement in Aggravated Battery Under Kansas Law?
In Kansas, aggravated battery is a serious offense, particularly when it involves "disfigurement." Understanding what qualifies as disfigurement in the context of aggravated battery is crucial for anyone facing such a charge, as it can mean the difference between a misdemeanor and a felony. Under Kansas law, aggravated battery is defined by K.S.A. 21-5413 and can include situations where the victim suffers from disfigurement, but what exactly does this term mean in legal terms?
Kansas Law on Aggravated Battery
Aggravated battery, as defined in K.S.A. 21-5413, occurs when someone intentionally causes:
Great bodily harm to another person, or
Disfigurement of another person.
The distinction between aggravated battery and the lesser offense of simple battery lies in the severity of the harm caused. While simple battery might involve minor or temporary injuries, aggravated battery requires either significant bodily harm or permanent disfigurement.
What Is Disfigurement?
Disfigurement refers to injuries that permanently alter a person’s physical appearance, often leaving visible scars, burns, or other long-lasting damage. However, Kansas law does not offer a strict legal definition of disfigurement. Instead, the courts evaluate each case individually, considering the nature and extent of the injuries.
In State v. Moore, the Kansas Supreme Court addressed the issue of disfigurement in the context of an aggravated battery charge. In this case, the defendant, Larry Moore, was accused of assaulting his girlfriend, T.M., by burning her with a hot iron, causing significant injuries to her breast, legs, and inner thighs. Photographs presented during the trial showed that T.M. had visible burn marks on her body even weeks after the incident. These injuries were considered significant enough by the court to meet the threshold for disfigurement, rather than mere "bodily harm" required for simple battery.
Key Findings from State v. Moore
Evidence of Disfigurement: In State v. Moore, the victim’s injuries included permanent scarring, which the court determined to be consistent with disfigurement. Photos of the burns and testimony from both the victim and a police officer helped establish that the injuries were more than minor.
Distinguishing Disfigurement from Minor Injuries: The court in Moore emphasized that disfigurement must be more severe than minor injuries like bruising or cuts. In this case, the burns caused by the hot iron were considered more than slight or moderate harm, and they resulted in visible, long-term damage to the victim’s body.
Jury’s Role in Determining Disfigurement: Whether an injury constitutes disfigurement is typically a question for the jury to decide. They must consider whether the harm is substantial enough to be classified as disfigurement, based on the evidence presented at trial.
Difference Between Aggravated Battery and Simple Battery
The difference between aggravated battery and simple battery is significant in Kansas law. Simple battery, under K.S.A. 21-5412, involves bodily harm, which is generally defined as slight or temporary injuries, such as minor bruising or cuts. On the other hand, aggravated battery involves either great bodily harm or disfigurement, meaning the injuries are severe, long-lasting, or permanent.
For example:
A person who suffers minor bruises in a physical altercation might see their assailant charged with simple battery.
If the same person were burned, scarred, or disfigured permanently, the charge would likely be aggravated battery due to the severity of the injury.
What Does This Mean for Defendants?
If you are facing an aggravated battery charge in Kansas involving disfigurement, the prosecution must prove that the injuries you caused meet the legal standard for this type of serious harm. As State v. Moore demonstrated, the courts look closely at evidence such as medical records, photographs of injuries, and witness testimony to determine whether the injury amounts to disfigurement.
However, defendants can argue that the injuries do not rise to the level of disfigurement or great bodily harm and instead should be classified as bodily harm, which could lead to a reduced charge of simple battery.
Penalties for Aggravated Battery with Disfigurement
If convicted of aggravated battery involving disfigurement, you could face severe penalties, including:
Prison time: Aggravated battery is classified as a person felony, with penalties ranging from several years to decades in prison, depending on the circumstances.
Fines: Significant fines can accompany a conviction.
Criminal record: A felony conviction will result in a permanent criminal record, which can affect your employment prospects, housing, and other aspects of life.
Defending Against Aggravated Battery Charges
Defending against a charge of aggravated battery often involves challenging the severity of the injury. A skilled attorney can gather evidence to show that the injuries were minor or temporary, aiming to reduce the charge to simple battery. This defense could be crucial in avoiding the more serious penalties associated with disfigurement or great bodily harm.
Conclusion
In Kansas, disfigurement is a key factor in distinguishing aggravated battery from lesser charges. Permanent scars, burns, and other long-term injuries can elevate a battery charge to the felony level, carrying harsh penalties. Understanding the definition of disfigurement and how it applies to your case is critical for mounting a defense. If you or someone you know is facing an aggravated battery charge involving disfigurement, it’s essential to consult with an experienced criminal defense attorney who can help navigate the complexities of the case and work toward the best possible outcome.
If you’re dealing with an aggravated battery case and need guidance, contact our law firm today for a consultation. We have the experience and knowledge to help defend your rights and protect your future.