Bigamy laws in California make it a crime, under PC 281, to marry while legally married to another. Whether you are estranged from your partner or have contemplated a divorce does not matter. Also, whether your partner approves of your marriage to someone else or if you are getting married in a different state does not matter.
This is a wobbler offense, meaning the prosecutor can file misdemeanor or felony charges against you. This decision mainly depends on your criminal history and the details of your case. A misdemeanor is punishable by one year in jail, while a felony is punishable by three years.
You can influence the outcome of your case by fighting your charges in court with the assistance of a skilled attorney. An attorney can also help you understand your rights and options for a favorable outcome in your case.
The Legal Definition of Bigamy
Marriages do not always last forever. Sometimes, married people fall out sooner or later after marriage. When this happens, the right thing to do is to divorce so the couple can live their lives separately. However, some people separate and live independent lives without going through a divorce process. While this works for a few families, it could be problematic when one or both partners want to marry again. The law requires a previous marriage to be annulled before a person can enter another marriage. Otherwise, you can commit bigamy, a criminal offense that can result in severe penalties and other devastating consequences.
Bigamy occurs when you enter into marriage with another person while still married to another. You commit bigamy even if you have been separated or estranged from your previous partner for years. You commit the crime when you legally marry or attempt to marry a person while still legally married to another. When the prosecutor files bigamy charges against you, it will not matter how long you have been separated from your previous spouse or the status of your last marriage. It will also not matter if your previous spouse is okay with you marrying another person. Marrying another person from a different state can also lead to bigamy charges.
Bigamy laws do not just apply to legal marriages but also registered domestic partnerships. You have to annul the marriage or partnership first before entering into another. However, if you willfully enter into a domestic partnership or marriage with another person while still in a similar situation with another, you could be charged with a misdemeanor or felony for committing bigamy. A guilty verdict under this statute will happen if the prosecutor proves all the elements of the crime beyond a reasonable doubt. The elements constitute the crime’s legal definition and include the following:
- You are in a legal marriage or registered domestic partnership with another person.
- You know about the marriage or domestic partnership
- However, you knowingly enter into another marriage or domestic partnership with someone while still in the previous relationship
- Your previous spouse or partner is still alive
In this case, a legal marriage is any marriage you enter based on the legal basis of the jurisdiction within which you were married. If the marriage is considered legal where or when it occurred, it is legal even in a different jurisdiction. This makes it unlawful to get married or enter into a domestic partnership in a different state while you are still married or in partnership with another person in a different state.
The prosecutor does not need to provide a legal certificate or registration of your marriage or partnership to prove your previous legal marriage or partnership. What is required is proof beyond a reasonable doubt that you are in another marriage or domestic partnership with another person. They can prove this through a statement from the previous spouse or partner, testimonies from other people, or the statement of the person who officiated the marriage or partnership. The prosecutor can also prove that you cohabited with your previous spouse even if you were married in a different state.
While you can use different defense strategies to avoid a conviction for bigamy in California, the following defenses cannot work to fight your charges:
- That you tried but could not divorce your spouse or terminate your domestic partnership
- That you have been separated from your spouse or partner for years
- That your marriage or partnership happened in a different state or country
- That your previous spouse or partner is okay with your marriage or partnership
Exceptions to the Laws Against Bigamy
In some cases, you could be exempted from bigamy charges for marrying another person while legally married to another. This can happen in the following circumstances:
- If a competent court annuls, voids, or declares your previous marriage or partnership invalid
- You had reasons to believe that your first union was invalid or dissolved. The details of your belief must be such that another person would think the same.
- Your previous spouse or partner was absent from your life for more than five years, and within that time, you did not know their location or whether they were alive.
If any of these circumstances apply to your case, you can successfully fight your charges with the help of a competent attorney.
Example 1: While visiting Africa in a group of friends six years ago, Laura and Sammy got carried away by their strong connection and decided to marry in a small court in one of the towns they visited. However, things changed when they returned to California, as each went their separate way and continued their lives from where they had left off. Recently, Laura got married and is currently facing bigamy charges. In this case, Laura has committed bigamy by marrying someone else while still married to Sammy. She should annul her marriage to Sammy first, since court marriages, even in a small African court, are legally binding.
Example 2: Suppose Laura, in the example above, got married to someone she met in Africa during the visit. But after returning to California, their connection faded, and she could not get hold of her husband for years. In this case, she can legally marry someone else if she does not know her previous husband is alive.
Penalties for a Bigamy Conviction in California
Bigamy is a wobbler, meaning you can face misdemeanor or felony charges. The prosecutor will file appropriate charges based on your criminal history and the details of your case. The severity of your penalties upon conviction will also depend on these two factors.
You will likely face misdemeanor charges if you are a first-time offender or the details of your case show a low level of deceit. This is punishable by the following:
- Misdemeanor probation, or
- One year in jail
- $1000 in court fines
The prosecutor can file felony charges for repeat offenses or if the deceit level is high. This is punishable by:
- Felony probation, or
- 16 months, two or three years in prison
- $10,000 in court fines
In addition to the criminal penalties listed above, a conviction for bigamy leaves you with a damaging criminal record. This record remains in your history for years, affecting various aspects of your life. Based on their findings, people who conduct background checks on others can decide what to offer or deny you. For example, a potential employer can deny employment because of your criminal background. A landlord can refuse to rent, and an insurance provider or loan lender can offer a higher rate because of your criminal history. A criminal background will also affect your social life, making it difficult to keep or make friends.
A felony conviction for bigamy will also affect your gun rights. While adults can obtain permits to purchase, possess, or use firearms in California, they lose these rights under specific circumstances. One of these circumstances is if you are convicted of a felony. A convicted felon cannot legally use, obtain, or possess a firearm. This can affect you gravely if you need a gun for protection or sport activities like target shooting and hunting.
Bigamy is also a crime of moral turpitude, meaning that it can have severe immigration consequences if you are an immigrant living in California. It can result in deportation, whereby you are removed from the country after serving your sentence. A deportation generally happens if a conviction for bigamy occurs five years after coming to the United States. It can also happen if the conviction occurs when you have a prior conviction for another crime of moral turpitude. You can also be marked as inadmissible, which makes it impossible for you to enter the country after leaving for another country for whatever reason.
Fighting Bigamy Charges in California
A conviction for bigamy can lead to severe penalties and life-changing consequences. However, you can fight for a favorable resolution of your case with the assistance of a competent attorney. An attorney can use some of the best defense strategies to fight your charges or influence the outcome of your case. If this works, the court can reduce or dismiss your charges altogether. Some of the strategies that can help your case include the following:
Your Previous Marriage or Partnership Is Invalid
Remember that bigamy occurs when you legally marry a person or get into a domestic relationship with them while still legally married or in partnership with another. The first marriage or partnership must be valid for you to be charged for entering a legal marriage or partnership with another. If this is not the case, the court can dismiss your charges.
This defense can apply if your first marriage became annulled in a competent legal court. Your previous spouse or partner may not agree with it. However, it is invalid as long as a court annuls the marriage.
Your previous marriage can also be invalid if you did not consent to it. A legal marriage occurs when both parties enter into the relationship freely. If you were defrauded, under duress, or could not consent to the marriage because of a mental disability, the marriage is not legally binding.
Your attorney can also use this defense if there is no proof that the marriage exists. Although the prosecutor does not need a legal certificate to prove the marriage, your attorney can say that the marriage does not exist if there is no one to attest to it except your alleged spouse. It could be that someone else is claiming to be married to you while, in the real sense, the marriage did not occur or was not formally legalized.
In any of these circumstances, you can prove that your marriage to that other person is invalid. So you are not guilty of bigamy for marrying your current partner. If this works, the court will dismiss your charges.
You Had a Valid Reason to Believe that The Marriage Was Dissolved
If you strongly believe that your previous marriage or domestic partnership was invalid, you may not be guilty of bigamy. Remember that a crime occurs when you knowingly enter into marriage or domestic partnership when you are already married or in another domestic partnership with another person.
With the help of your attorney, you can argue that you believe you were divorced from your previous spouse. This can be true if you went through a divorce process that led you to believe that the marriage was annulled. Your attorney can call witnesses, including family members, friends, or the officer who annulled your marriage, to support your claim.
You can also argue that you were misled to believe that the first marriage was annulled. This can happen if you called for information, and an officer gave you misleading information regarding the status of your previous marriage.
You can also argue that the marriage was annulled through a cultural tradition. If this happened in states where a cultural marriage or annulment is not considered legally binding, you could have mistakenly believed that your marriage was no longer valid after performing a particular cultural rite.
Your First Union Was Not Legal
If you discovered that your previous marriage was not legal, you can legally marry again without committing bigamy. This can be true if the first marriage is not considered legal in the jurisdiction where it happened. For example, if you were married in a traditional setting in a jurisdiction that does not consider traditional marriages legal, the marriage will also not be considered legal in California. A competent attorney can help determine whether your previous marriage is still legal to prepare a solid defense against your charges.
You Can Accept or Negotiate for a Plea Deal with the Prosecutor
A plea deal is beneficial in ensuring a favorable resolution of a criminal case. If the prosecutor has no strong case against you, they can propose a plea deal. You will plead guilty to a less severe charge with less severe penalties. Prosecutors use plea deals in their weak cases to ensure justice is served, although not through a conviction for the underlying charge.
Your skilled attorney can negotiate for a plea deal if you are unsure of what to expect from a criminal trial. For example, they can propose pleading guilty to ‘interfering with a marriage’ or cooperating for a less severe penalty. The prosecutor can also accept a guilty plea for a less severe penalty. If this works, you may not face the severe penalties of a bigamy conviction.
You Did not Have a Criminal Intent
Sometimes, a skilled attorney can negotiate leniency if you have committed an offense without criminal intent. In this case, they will discover your reasons for abandoning the previous marriage and getting into another marriage. For example, this strategy can work if you got into marriage after years of separating from your first marriage, and your previous spouse is aware and consents to the current marriage. Although you will still be guilty of bigamy, the judge can be lenient when sentencing you. They can sentence you to misdemeanor probation, which allows you to expunge your criminal record after fulfilling all the conditions of your probation.
Find a Competent Divorce Attorney Near Me
Understanding marriage and divorce laws is critical to avoid regrettable mistakes and criminal penalties for a violation. Bigamy is a grave matter that can result in severe consequences if you enter into a marriage or domestic partnership while still in another such relationship with someone else. If you are unsure of the legal situation of your previous marriage or partnership, you should speak to a skilled attorney before entering into another one. If an honest mistake happens, an attorney can help you fight your charges during the trial.
At San Diego Divorce Attorney, we offer guidance and help if you face bigamy charges in San Diego. Since this crime can result in life-changing penalties, we can discuss your options after reviewing your situation and case details. We can also use our best strategies to help you fight for your rights and against your charges in court. Call us at 858-529-5150 to discuss your situation and our services in detail.
