Written by attorney Kenneth Albert Vercammen

Evidence Rule 501 Spousal privilege

NJ Evidence Rule 501. Spousal privilege N.J.S.A. 2A:84A-17 provides: (1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify. (2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or (c) such spouse or partner is the complainant. 2C:12-1 Simple Assault & Aggravated assault 2C:12-1 . Assault. a. Simple assault. A person is guilty of assault if he:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a deadly weapon; or

(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

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