Legal Question in Criminal Law in Massachusetts

Re: Husband being charged with A&B, A&B w/Deadly weapon

I agree with attorney Maloney's advice.

Re: Husband being charged with A&B, A&B w/Deadly weapon

The most important issue here is whether there were any other witnesses to the events. If not, you have no problems.

If you are legally married (no common law marriage in Ma) then you have a marital privilege and therefore can not be forced to testify against your husband. If there are no other witnesses, then they will not be able to prove their case and it will eventually be dismissed.

Even if you are not married, given your statements, you have a Fifth Amendment Privilege against self-incrimination and therefore could not be forced to testify.

Lastly, you are under no obligation to talk with anyone from the District Attorney's office. I would recommend that you only tell them that you intend on asserting your privilege and that you do not want to say anything else to them. They will probably try to make veiled threats or play up you as the victim. You should just continue to assert your privilege. If they ever mention any possibility of you being prosecuted you should report this to your husband's lawyer immediately as it is a possible violation of the criminal laws.

If you need any other assistance, please feel free to contact me.