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?

UPDATED: Feb 17, 2014

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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


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

Answered 9 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.

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