Knocked-out baby tooth saves Florida teen from felony battery charge
Loss of victim's baby tooth was not considered "great bodily injury" by court.
— -- A baby tooth was all that kept a Florida teen from a felony charge.
The case in question stems from a 2015 incident, in which a 13-year-old punched a 12-year-old in the mouth, causing the victim to lose a baby tooth and allegedly loosening another tooth. The 13-year-old was charged with felony battery after the incident.
However, on Wednesday, an appeals court tossed out the felony charge, stating that no lasting damage was caused, according to court documents obtained by ABC News.
“The loss of a baby tooth that has been replaced by the adult tooth, without more, demonstrates no great bodily injury, no permanent disability or disfigurement,” the documents read, adding that a felony battery charge requires proof of great bodily injury.
Because the baby tooth was replaced by an adult tooth, the evidence was found to be insufficient for a felony battery charge, the documents said.
According to the documents, the teen originally charged in the case punched the victim after being repeatedly tapped or hit "on the back of his head" on a school bus. When the teen turned around, another student pointed to the student next to him to blame for the tapping or hitting, leading the teen to punch the victim.
The appeals court dismissed the felony battery charge and instead entered a charge of simple misdemeanor battery and ordered that the teen be resentenced accordingly. The appeals court also rejected the teen’s claim of self-defense.