If my mom was attacked coming home from work and had to go to the hospital because of her jaw, what charges can be filed against her attacker?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mom was attacked coming home from work and had to go to the hospital because of her jaw, what charges can be filed against her attacker?

The man that attacked her had also attacked another woman in pretty much the same way within less than an hour before he attacked my mom. We live in Mississippi. With both he was charged with simple assault. Will the charges stay the same or if my moms jaw is broken will it be raised to a higher offense?

Asked on February 17, 2014 under Criminal Law, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If your Mom's jaw was broken and that is considered to be serious bodily injury, the attacker could be charged with aggravated assault.  If a broken jaw is not considered to be serious bodily injury, the charge against the attacker will remain at simple assault. 

The DA will have to determine whether a broken jaw constitutes serious bodily injury to secure a conviction for aggravated assault.  It is clearly at least at the level of simple assault and therefore it would be easier to obtain a conviction on that lesser charge.

In addition to the criminal case, your Mom could sue the attacker for assault and battery in a separate civil case.  She could receive compensation for her medical bills, pain and suffering and wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and is based on the medical reports.  Compensation for wage loss is straight reimbursement.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption