Legal Question in Criminal Law in Michigan

can an assault victim plead the 5th

my boyfriend assaulted me for the first time ever and unfortunatley with a bat and was arressted. The prosecuting attorney said I had to testify against him, but I dont want to. They are even subpoenaing me for the prelimanary trail, Can I plead the 5th or do I have to testify?


Asked on 11/09/07, 5:48 pm

2 Answers from Attorneys

Re: can an assault victim plead the 5th

An experienced lawyer might be able to help you avoid testifying.

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Answered on 11/09/07, 10:39 pm
William Morrison Action Defense Center

Re: can an assault victim plead the 5th

The 5th Amendment protects you against incriminating yourself - not your boyfriend.

It sounds like he's been charged with felonious assault. While many girlfriends have not been punished in the past for refusing to testify, it all depends on whether the judge will hold you in contempt. Some don't. Just don't lie (perjure yourself).

If you made a written statement to the police and you then refuse to testify, the statement can be used to convict.

More importantly, why would you want to help someone who attacked you with a bat?

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Answered on 11/10/07, 12:54 am


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