Legal Question in Criminal Law in Texas

Spouse compelled to testify in assault case

My sister was beaten up by her husband and hospitalized in September. The D.A. is seeking a 50+ year sentence against the husband for assault with a deadly weapon (his hands). We all feel like he needs to do some time but feel that 50+ years is excessive. My sister doesn't want to testify if this sentence is sought. She does want to testify for a more reasonable time (5-10). The D.A. told her that she could be forced to testify against him. I thought that a spouse could not be compelled to testify against their spouse. Am I wrong? Please provide any information possible.

Thanks


Asked on 3/30/01, 11:48 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Spouse compelled to testify in assault case

The so-called "spousal immunity" privilege has never applied to a spouse against whom a crime has been comitted. So, if she appears at trial to testify against him she will have to tell the truth about the assaults.

She is free to appear at sentencing and tell the judge what she feels the appropriate sentence should be.

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Answered on 6/04/01, 7:00 pm


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