Legal Question in Criminal Law in Nevada
domestic abuse/ battery
Can a husband be compelled to testify against his wife in a domestic abuse case
even if he doesn't want to? Also isn't it coercion to tell a person that if they don't plead guilty they will be sentenced to at least 6 months. I need help. I had a PD a payed 100 dollars for that did nothing am i stuck with this?
1 Answer from Attorneys
Re: domestic abuse/ battery
Yes a husband can be subpoened and compelled to testify against his wife in a domestic battery case. This is an exception to the spousal privilege which in Nevada is only held by the person testifying anyway.
No it is not coercion for the D.A. to go for 6 months if the Defendant does deal. The maximum penalty for domestic battery is 6 months, $1,000 for a fine, counseling once a week for 6 months, community service and losing your privelege to carry a firearm for the rest of your life on a job. Coercion only applies if you have no right to compel someone to do someone. The D.A. has the right to try to get a plea bargain by arguing the maximum sentence. It is up to the Judge to decide the sentence but the D.A. can posture for the maximum to bargain for a plea. This is common in the American justice system.
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