Bigamy involves marrying one person while you are legally married to another. Bigmany is a criminal offense that attracts severe charges under California Penal Code 281. You will face a conviction if the prosecution can establish bigamy elements beyond a reasonable doubt. For example, you are lawfully married to someone else and willfully enter another marriage or domestic partnership.
Whether you are separated from your spouse or are in the process of a divorce, as long as the divorce is not final, you can still be charged with bigamy. Depending on the specific factors of the case, bigamy can attract felony misdemeanor charges. A conviction will attract severe and lasting consequences.
The guidance of a competent divorce attorney will go a long way for you if you or your loved one faces bigamy charges.
Understanding Penal Code 281 Laws in California
Bigamy is the crime you commit when you marry someone while you have a living spouse. If you have a prior marriage, you must go through a divorce or have the marriage annulled before entering another legal union. Failure to do this can result in criminal charges under PC 281.
The following factors will not exempt you from the charges of bigamy:
- You attempted to divorce the first spouse. Trying to divorce a previous spouse, even when you filed a divorce petition, will not exempt you from liability under PC 281; the divorce must be finalized through a court-issued decree.
- You and your spouse are separated. Separation from your spouse does not mean that the marriage has ended legally. Therefore, even when you no longer live together, you cannot enter into a marriage or domestic partnership with someone without facing criminal charges.
- The first marriage happened in a different state. You can still be charged with bigamy even when your other marriage happened outside California.
- Your spouse is okay with the marriage. Even when your spouse does not oppose you entering into another marriage, you could face bigamy charges if you marry someone while in a marriage with another person.
The prosecuting attorney must prove the following elements before you are convicted of bigamy:
You were Legally Married to Someone
The first element the prosecuting attorney must prove when establishing your liability under PC 281 is that you were legally married to another person. A legal marriage is entered according to the laws of a specific jurisdiction, such as California or another state.
You Knew that You Were Still Married
The prosecution must establish your knowledge that you were still married. The prosecution does not need to present a registration certificate to ascertain this fact. Penal Code 281 allows the prosecution to prove your marriage and knowledge of the marriage through other means, including testimonies from the former spouse and marriage officiant.
Additionally, evidence that you cohabited with the original spouse could be used to prove a legal marriage even when it occurred in another state.
You Entered into Another Marriage Willfully
Your willful entry into another marriage is an element that could be used to prove your guilt under PC 281. Entering a legal marriage or domestic partnership becomes illegal if you are already married to another person. If the prosecution can prove that you were not forced or tricked into the second marriage, you can be found guilty of the offense.
The First Spouse was Alive at the Time of the Marriage
You will be found liable under this statute if your spouse is alive at the time you enter another marriage. The validity of marriage ends when one of the spouses dies. Therefore, the prosecution must prove they were alive to secure a conviction against you.
Difference Between Bigamy and Polygamy
Many questions arise on the difference between bigamy and polygamy. Bigamy is defined as being legally married to two or more people at once, while polygamy is having multiple spouses at once. Polygamy and bigamy are illegal under California law.
Although polygamy is recognized worldwide, California makes the practice illegal. This is because research shows that it can cause emotional and psychological harm to all individuals involved. Often, children born in these marriages are more likely to experience depression and anxiety. Engaging in any of these acts will attract criminal charges.
Exceptions to Bigamy in California
You can choose to be married as many times as possible. However, if you marry another person while legally married to someone else, you will face an arrest and criminal charges. Under the following circumstances, you could be exempt from the bigamy laws:
The Court Annulled the Marriage
You cannot face bigamy charges if one of the marriages you entered is annulled. This exemption applies if you are married to two individuals and the court annuls one union. Under California law, an annulment is a legal process that ends a marriage. Unlike a divorce, an annulment wipes off any indication that you were married.
When seeking an annulment, you must prove to the court that something is wrong with the marriage. Even in cases where you and your spouse mutually agree to nullify the marriage, the court must be convinced by your reasons. Common circumstances under which a marriage can be nullified in California include:
- If one of the parties in a marriage was a minor when they entered the union, they can petition the court to annul the marriage even after attaining the legal age.
- Your previous marriage was valid. If you enter another marriage and realize that your previous marriage is still valid, you can petition the court to annul one of the marriages to avoid bigamy charges.
- The court can find valid grounds to annul your marriage if you prove that you were tricked into entering the union. This could occur if the person you married pretended to be someone else.
- Being of unsound mind. A person with a mental illness cannot enter a marriage legally if it is proven that one of the people in the marriage was of unsound mind at the time of the union.
- Forcing someone into a marriage is an illegal act in California and can be the basis for an annulment.
If you want to enter another marriage and your previous one meets the above criteria, you can follow the right procedures for an annulment to avoid violating PC 281. The annulment process involves signing a petition, collecting all the relevant information to prove that your marriage was wrong, serving your spouse, and attending the annulment hearing.
A Court Judgment Dissolves the Marriage
Another exemption to the bigamy charges is when the court judgment has dissolved a marriage. Marriage dissolution is a shorter and less complicated form of divorce. Filing for a divorce is a lengthy and expensive process that adds stress to the already stressful end of a marriage.
If you meet the stated criteria, the court can dissolve your marriage without following the complicated divorce process. In addition to the simplicity of the process, you will be in more control of the outcome by opting for a summary dissolution. If you can prove that your previous marriage ended in a summary dissolution, you can avoid bigamy charges.
Additionally, you can dissolve the current marriage if the first marriage does not meet the required criteria. You may be eligible for a marriage dissolution if you meet the following requirements:
- You do not share any adopted or biological minor children. This eliminates the complexities of child support.
- Neither of the involved parties is pregnant with the other child.
- Neither of you is interested in spousal support or alimony.
- The property you owned before the marriage is separate.
- Your intention to divorce is a result of irreconcilable differences.
- You have agreed on property division and drafted an agreement.
Absence of your Spouse for Five Years or More
If your previous spouse has been absent from your life for five years or more, you can legally be married to another person without the fear of facing bigamy charges. However, when claiming this exception, you must prove to the court that you did not know their whereabouts during this period.
Penalties for a Penal Code 281 Conviction
Bigamy is a wobbler. This means that the crime can attract a felony or a misdemeanor based on the facts of the case and your criminal history. You are more likely to face a felony for violating PC 281 if you committed the crime with a vile or hidden intent.
Additionally, felony charges could be filed against you if you have an extensive criminal history or you have a prior conviction for a crime of moral turpitude.
A misdemeanor conviction under PC 281 is punished by:
- Up to a year in county jail
- $1000 in fines
- Summary probation
When you are charged with felony bigamy, the conviction can result in these penalties:
- Prison time ranging from 16 months to 2 or 2 years
- A $10,000 fine
- Formal Probation
Probation After a Biagamy Conviction
California law has three main sentencing alternatives: probation, incarceration, and fines. The court could impose a probation sentence instead of incarceration. Probation allows you to serve part of your sentence out of custody and on community service.
The court can sentence you to probation after a felony or misdemeanor conviction. Although the probation sentence allows you to be out of jail, it is not automatic. You must negotiate with the prosecution for this sentence.
Summary probation is imposed for defendants facing misdemeanor charges and lasts 1 to 3 years. Felony probation, on the other hand, is an alternative to prison for defendants facing felony convictions. The court may accept a probation sentence when you are a first-time offender or do not have an extensive criminal history.
With your probation sentence, the court can impose the following conditions, which you must follow throughout the probation period:
- Perform community service.
- Attend regular meetings with your probation officer.
- Pay court costs
- Avoid contact with certain individuals.
- Consent to random police searches
If you violate one or more conditions of your probation, you may be charged with probation violation. If the court finds that you committed the violation, you can face the following repercussions:
- Revocation of your probation and reinstatement of the maximum jail sentence for your offense
- Reinstatement of your probation with harsher probation terms
- Revocation of your probation and restoration of your original sentence
Long-Term Consequences of Your PC 281 Conviction
Besides the criminal penalties you will face for bigamy, a conviction for the offense can attract the following collateral consequences, which follow you for a lifetime:
The Loss of Your Professional License
For defendants working in an area where a professional license is needed, the relevant authorities will notify the licensing board of your conviction. This could result in an investigation and potential disciplinary action. Bigamy is a serious offense, and the outcome of your professional investigation can result in the suspension or revocation of your practice license.
The inability to practice for a certain period or the complete loss of your license can greatly affect your livelihood and career.
Immigration Consequences
For US citizens facing charges under PC 281, the greatest fear is spending time behind bars after conviction. However, as an immigrant, a conviction for the offense can significantly impact your immigration status. This is because bigamy is classified as a crime of moral turpitude.
A crime of moral turpitude is an offense that involves a great deal of deception. Common immigration consequences for the offense may include:
- Deportation if you face a conviction for bigamy within five years of a conviction for another crime of moral turpitude. Deportation involves the forceful removal from the United States.
- Deportation when you are convicted of bigamy, and you have another felony conviction on record
- You will be rendered inadmissible after a bigamy conviction, regardless of the nature of your criminal history. Inadmissibility means that you cannot reenter the United States once you leave.
Social Stigma
Crimes like bigamy are interpreted as actions done with a vicious, deceptive, and evil intent frowned upon by society. If you are convicted of the offense, your reputation will be ruined, and people will view you differently.
In addition to the nature of the offense as a crime of moral turpitude, you will be labeled a convicted felon if the prosecution files a felony charge against you. This means that you will face the restrictions of being a felon, which include the denial of your right to vote and the inability to hold or purchase firearms.
Legal Defenses Against Bigamy Charges
A conviction for bigamy can result in severe legal and collateral consequences. You will likely spend time behind bars whether the prosecution files a felony or a misdemeanor charge against you. In addition to incarceration and probation, the conviction can result in deportation, among other collateral consequences.
You can present the following defenses to your case if you are charged under PC 281:
Involuntary Intoxication
Alcohol and drug use is not a legal excuse for committing a crime in California. However, intoxication can push someone to make rash decisions that they could not have made without the influence of alcohol. If you can prove that you were involuntarily intoxicated when you entered the subsequent marriage, you can avoid conviction or negotiate for a lesser punishment for your offense.
Lack of Intent
It's not uncommon for individuals to file for divorce without the necessary guidance of a divorce attorney. This could result in mistakes and improper use of procedures necessary to finalize the procedure. Under these circumstances, you can unknowingly remain married and move on. Unfortunately, if you enter another marriage under these circumstances, you could face an arrest and criminal charges. You can claim that you had a good faith belief that you were divorced to avoid a conviction.
Duress
The prosecution in your bigamy case must establish that you willfully entered a marriage while married to someone else to hold you liable for the violation. You can avoid a conviction by arguing that you are the marriage out of duress. This occurs if you are threatened or coerced into it.
Find a Reliable Divorce Lawyer Near Me
You could be charged with bigamy under PC 281 if you marry or enter a domestic partnership with someone while you are legally married to another one. Even in cases where you and your spouse are separated, bigamy charges can be brought on both parties involved in the subsequent marriage.
The consequences of a conviction go beyond incarceration and fines. If you are an immigrant, a conviction will result in deportation, which can impact your family and professional life significantly. Luckily, not all arrests under this statute result in a conviction. With the insight of a skilled attorney, you can claim different exemptions to the charge or build a solid definition against them.
At San Diego Divorce Attorney, we will help you understand the laws around bigamy to help you avoid the charges and guide you through claiming different exemptions for the crime. Call us at 858-529-5150 to discuss the details of your case.
