Domestic Violence, Domestic Assault and Battery MGL c 265 § 13M(a), Malicious Destruction of Property MGL c 266 § 127, All charges dismissed after wife asserts marital privilege.

• Steven Topazio wrote this July 29, 2016 at 6:43 pm

The client, a 37 year old asset manager, was arrested and charged with domestic A&B and Malicious Destruction of Property, hired Boston Criminal Lawyer Steven J. Topazio.  According to a Chelsea Police report, the client got into a fight with his wife after she broke his cell phone after finding inappropriate emails on it.  The client then struck his wife in the back of the head and pushed her down on the couch where they fought.  The client then threw the wife’ phone and broke it.  Attorney Topazio reported to the court that his client’s wife was going to invoke her marital privilege not to testify against her husband and as a result was successful in getting all charges against his client dismissed.  No person in a criminal case can refuse to be a witness unless that person can invoke a valid privilege which is an exception to the general duty of a witness to offer evidence.  Married couples have a privilege known as the spousal privilege which only the witness-spouse can claim which means that a witness-spouse cannot be compelled to testify in the criminal proceeding against the other spouse if she invokes the privilege.