Can Simple Assault Charges be Increased to Aggravated Assault
My question involves criminal law for the state of: PA
I had a verbal argument with the defendant in a car and the defendant grabbed my hair and proceeded to beat the left side of my head and my face. I now have a black eye a bruise on cheek and an abrasion. The car was stopped and she stepped out, which then the driver came to her to speak to her and she then punched him in the face and gave him a black eye as well.
I reported this incident to the police same day and he told me that because she gave me a bruise and punched me in the head and face, she would most likely be charged with simple assault. The state trooper went to her house and interviewed her and also interviewed the driver ( where he also said she punched him in the face).
Next day, I felt really physically sick and mentally confused ( plus a lot of other symptoms) I went to the emergency room and they told me I have a mild concussion ( because I did not lose consciousness). I will not be able to attend work tomorrow. Is it possible that this could be brought upon her as aggravated assault? The driver recieved a black eye so I'm pretty sure she will also get a simple assault for that, but how about for my injuries? I also am thinking of bringing in a second witness ( guy in the passenger seat) to help strengthen my case.
Also, I wanted to sue. She does not have money now, but she will be leaving pharmacy school in 2-2 years so I wanted to sue for future income.
What do you guys think?
Re: Can Simple Assault Charges be Increased to Aggravated Assault
What charges are filed are up to the prosecutor's office, not the cop. They investigate and report, send their report to the DA and the DA determines what charges, if any, to file. You can contact the officer and update him/her on your physical condition. Yes, you can sue the other person. It's usually easier if you wait until the criminal case is concluded but keep an eye on the statute of limitations for personal injury suits.
Re: Can Simple Assault Charges be Increased to Aggravated Assault
You will want to make sure that the prosecutor is aware that you have a claim for restitution for any medical bills/copays and a missed day of work.
Given that you appear to have fully recovered from your injury within a couple of days, and that it is unlikely that the defendant has any appreciable assets or income against which you might recover damages from a lawsuit, it is probably not the sort of case that is going to interest a lawyer -- but you can consult personal injury lawyers in your area with the details. Beyond that, with due consideration to the comment above, if you cannot find a lawyer to represent you, you can consider small claims court.