What can I do as the wife and victim to help lessen my husband sentence?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do as the wife and victim to help lessen my husband sentence?

My husband is being charged with aggravated
kidnapping and aggravated assault. I’m the
victim but I don’t feel like prison is the best
place for him. Is the spousal privilege really
revoked in this case? Is there anyway of
getting out of testifying? What can I do to
lessen his sentence? I had an attorney
provided by the state but she didn’t keep
confidentiality and we are past the preliminary
hearing I feel like I’m drowning and I don’t
understand the law at all. Please advise

Asked on February 4, 2017 under Criminal Law, Utah


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Have you been subpoenaed to testify? If so, you must go since a subpoena is a direct court order that requires your appearance. If you ignore it, you can he held in contempt of court and a warrant for failure to appear can be issued for your arrest (you can also face fines and/or jail).
Some victims try to refuse to testify by invoking the Fifth Amendment, specifically the right against self-incrimination. However this right doesn't apply simply because a witness doesn't want to testify; it only applies if their own testimony would cause them in some way to incriminate themselves.
Finally, in domestic violence cases, some spouse's think that they can invoke what is called the "spousal privilege" (i.e. the right of one spouse not to have to give testimony against the other spouse). However, most states have amended their spousal privilege statutes to make an exception for DV victims. Accordingly, one spouse can be made to testify against the other.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption