Q: Husband got arrested for 1st degree assault. Do they need me 2 testify or state he struck me or attempted 2win the ca

A: Yes, no and maybe. It depends. Do you want to testify and have your husband found guilty or not? If not, and you have not exercised your spousal privilege not to testify before, then you can refuse to testify against your husband. That makes the case much more difficult to prosecute, as the State cannot easily prove who was the aggressor in the fight, rebut claims of self-defense, prove exactly how the assault could have happened, etc. That can change if: (1) there are other witnesses to the assault who testify; (2) there is a 911 recording of you stating what he did, which is admissible into evidence even without you testifying; (3) there are hospital or physician reports that record your statements about how you were injured, who did it, etc.; (4) there are photographs of your injuries the police took the day of the alleged assault that are consistent with both an assault and your 911 call and statements to your doctors; (5) the responding officer's observation of both your emotional state and injuries consistent with you being the victim of an assault; and (6) any admissions or statements your husband made. Depending on the strength of that other evidence, a prosecutor may decide they can still prove their case without your testimony. Your husband's lawyer is the one who is in the best position to answer your question, since he/she has access to all of the State's evidence in the case.