Woman spit on me and my child at the playground..Two charges were brought against the defendant, 2 degree assault. I am a plaintiff and I was wondering if I need a lawyer or the prosecutor will represent me, also what punishment is the defendant facing? I am really hoping she will have a record, because during the incident she wanted to punch my child and yelled that she will murder both of us. Moreover, as I stated above she spit on us several times.
The prosecutor represents the state but will present the case on your behalf. Assuming a guilty verdict after trial or a guilty plea, the sentence will depend on several factors including defendant's criminal history or lack thereof, how the judge perceives the evidence, the recommendation of the prosecutor, steps the defendant has taken (such as anger management classes) to address their wrongful conduct and if defendant testifies, did the judge believe the defendant was lying.
You do not need a lawyer. You are the victim and not a party to the case. There may be a trial or plea deal. You should speak with the State's Attorney's office before court about what to expect. If the Defendant is convicted, you can speak to the court.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
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