Asked on Dec 07th, 2014 on Criminal Law - Virginia
More details to this question:
My boyfriend and I got into an argument one night while drinking and it got out of hand. The neighbors heard and called the police. When they arrived, I explained the situation and said I did not want to press charges. However, because of some bruises and scratching they arrested him. He is already on probation for an earlier charge. The officers also subpoenaed me to testify at court but I don't want him to be charged. I do believe he has anger issues but he's not a bad person. My question is what is he facing and regarding the subpoena do I have to testify against him ?
Without knowing what your boyfriend was charged with I cannot say what he is facing in terms of punishment. Domestic assault and battery is usually a Class 1 misdemeanor, which is punishable by up to a year in jail, a $2,500 fine, or both. But assault and battery can also be charged as a felony. Since this is not his first offense and since he is already on probation, he could be looking at serving some jail time. Also, if he is has a suspended sentence hanging over him from the prior charge, that could be imposed on him.
It is obviously imperative that he obtain a lawyer to represent him in court, to ensure that his rights are protected and that he gets the best deal possible. He may have to attend an anger management course, if he has not already. If he can't afford a lawyer, one will be appointed for him.
As for you, you are required to comply with the subpoena and show up for court, or you could be charged with failure to appear. If you are called to testify, you are required to truthfully answer any questions they ask you, but you do not have to embellish beyond answering the bare minimum of what they ask. Because you are not married to him, you cannot claim spousal immunity from testifying, as you could if you were his wife. Just like he cannot compelled to testify against himself, spouses cannot be compelled to testify against each other. But as unrelated person, you can made to testify.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.