A father-of-two has been left paralyzed, in a coma with half a skull after a vicious 'one-punch' assault for which his attacker served just two months in jail.

Steven Augustine, 32, was attacked with what doctors believe was a baseball bat while walking home from work in Ulster County, New York in May last year.

The left half of his skull was totally destroyed in the robbery and he is suffering from sunken brain syndrome after a large part of his cranium had to be removed.

His attacker, Charles Miles, was jailed on a misdemeanor charge and served 72 days of his year-long sentence at the county jail, for what was judged to be a one-punch attack.

Steven Augustine, 32, was attacked with what doctors believe was a baseball bat while walking home from work in Ulster County, New York in May last year (pictured: his skull is sunken in hospital while he awaits surgery, left and right)

Augustine's mother Donna, 57, told The Sun: 'Steven cries every time he sees his sons Michael, seven and Steven Junior, 11 - they cry too because they miss their daddy so much.'

Charles Miles, was jailed on a misdemeanor charge and served 72 days of his year-long sentence at the county jail

Augustine can only communicate by blinking and requires a ventilator to breathe.

'He doesn't respond to anything. Basically, he is missing the whole left side of his brain,' his mother told ABC.

Ulster Country District Attorney Holley Carnright said that because Miles had not intended serious physical harm, his office could not charge him with a felony.

'The injuries to his face were consistent with a single punch,' Carnright told ABC.

'The skull fracture was consistent with a fall backwards.'

Donna does not believe the injuries are consistent with a punch to the head and medical records show one medic wrote that it appeared he had been hit with a 'baseball bat.'

Donna told the broadcaster: 'I just can't believe this has happened, and these people are allowed to do something like this and get away with it.'

Augustine's mother Donna, 57, said: 'He cries every time he sees his sons Michael, seven and Steven Junior, 11 - they cry too because they miss their daddy so much'

His mother said: 'I just can't believe this has happened, and these people are allowed to do something like this and get away with it'

According to a GoFundMe page set up for Augustine: 'Steve also had several fractures in his face.

'Steve's nose was broken and his lower lip nearly ripped off his face.'

Augustine is now waiting for the bone in his skull to be replaced by a plastic plate. Two attempts to put metal in its place have resulted in infections.

He has also suffered from seizures and has been put on drugs to cope with them which are damaging his liver.

Augustine is now waiting for the bone in his skull to be replaced by a plastic plate. Two attempts to put metal in its place have resulted in infections

Augustine at the birth of his youngest son - now seven-years-old - Michael, alongside his elder son Steven Jr.

Augustine was paralyzed and is only able to communicate by blinking to say 'yes' and 'no'

A New York government agency has now stepped in to pay for his surgery.

His mother told The Sun: 'The surgery could save his life; it will equal out the fluid around his brain and protect it - a slight bump to the area could be life-threatening as it's just skin protecting his brain.

'They will use a special plastic plate as the steel ones do not seem to agree with him; I pray it works.'