Under California Penal Code 281, bigamy refers to the act of entering into a marriage while still being in a lawful marriage with another person. Bigamy cases arise due to misunderstandings, paperwork delays, and complicated life situations. Regardless of why you could have been arrested for bigamy, the legal consequences of being convicted can be significant.
There are several legal defenses and exemptions to this crime under California law. However, it may be challenging to understand the legal requirements of this charge without the assistance of a lawyer. This is where an experienced criminal defense lawyer comes in to ensure your case is handled professionally and appropriately. If you or a loved one has been charged with bigamy, seek the services of a competent criminal defense lawyer with adequate knowledge of the laws governing bigamy in California. An experienced defense attorney will be able to explore all the legal defenses for your case and strive to defend your future.
Understanding Penal Code 281, Bigamy
Penal Code 281 has been enacted to uphold the dignity of marriages in California because it is the law that makes it illegal to be married to two people simultaneously. PC 281 recognizes that there are special circumstances that allow you to marry another person — for example, you have a reasonable cause to believe that your first spouse is dead or if your earlier marriage has been declared null and void or dissolved. However, even though there are exceptions, ignorance of the law or failure to finalize a divorce can result in criminal charges.
Elements that the Prosecution Must Prove
For a bigamy conviction under Penal Code 281, the prosecution must establish certain elements beyond any reasonable doubt. These elements are very important in proving that you are guilty and making sure that the case against you is strong enough to withstand any scrutiny in court.
Existing Lawful Marriage
For the prosecution to accuse you of bigamy, they have to show that at the time of your alleged second marriage, you were already lawfully married to another individual. This means that your first marriage cannot have been annulled or dissolved and, therefore, must have been legal.
Second Marriage
The prosecution has the burden to prove beyond a reasonable doubt that you willingly and knowingly entered into another marriage, with full knowledge that your first one was still valid. However, being in a romantic partnership or living with another person is not considered bigamy. You have to have had a formal marriage ceremony that has to have occurred.
You Intentionally Married Another Person
Your intention is vital in determining whether you are guilty of bigamy. The prosecution has to prove that you knew about your first marriage and intentionally got involved in the second one, even though it is unlawful.
When there is a dispute concerning the defenses to bigamy, intent arises as an issue in this case, when you had a reasonable belief that your first marriage has been dissolved or that your spouse has died.
To obtain a bigamy conviction, all of these aspects must be established. The charges may be lowered or dropped if the prosecution cannot prove any of these points.
The Meaning of Lawful Marriage
In California, a lawful marriage is one entered into per the laws of the state; this includes, though not limited to, the procurement of a marriage license, the ceremonial marriage by an individual who has the authority to perform the marriage, and the filing of the marriage.
In bigamy cases, your first marriage must be subsisting when entering the second marriage. This means that your marriage never had a legal ending through annulling the marriage or divorce; hence, you and your first spouse remain legally wed.
However, what the general public tends to forget is that being married and separated, or even living separately, does not make a couple legally single until they go through the legal procedures of divorce or annulment.
Also, if your marriage occurred in another state or country, provided it was legal in those places, it is valid in California. Hence, if you are legally married in another state or country and you remarry in California without annulling the previous marriage, then you are liable to be charged with bigamy.
Exceptions to Penal Code 281 Charges
Although bigamy is unlawful under Penal Code 281, specific circumstances under California law may absolve you from criminal charges. These exceptions center on cases where you believed that your first marriage was dissolved or where circumstances made your second marriage legal. These exceptions highlight that not all second marriages are considered bigamous under PC 281. Therefore, you may have a valid defense against bigamy charges if your second marriage falls under the following categories:
Belief That Your Spouse is Deceased
One of the primary exceptions is in cases where you can truthfully say that you believed that your previous spouse was dead. For this defense to apply, the belief must be reasonable and based on the information available to you at the time of your second marriage.
For example, if a man married his wife and she went missing for several years, and he did not know whether she was alive or dead, and he later married another woman, he would not be charged with bigamy if, later on, his first wife was found alive.
Absence of Intent
Another exception is when you did not know or did not intentionally enter into your second marriage while still legally married. Your lawyer must prove that you thought that your first marriage was terminated, which can be pleaded as a valid defense in a bigamy case on the grounds of a clerical mistake made by the court.
If you were not aware that you were still legally married due to administrative errors or legal misunderstandings, you can use this argument as a defense against bigamy charges.
Divorce Finalization
If you remarry with the intention of your second marriage being lawful because you believe that you divorced your first partner, you cannot be charged with bigamy. However, this belief must be reasonable. The paperwork has to be finalized first. Papers-related issues such as delays or confusion over the legal aspects of the divorce can sometimes cause you to commit bigamy by accident.
Invalid First Marriage
If your first marriage was never recognized by law because it was not properly licensed or it violated state laws on marriage, then your second marriage may not be considered bigamy. This defense is based on the assertion that the first marriage was never valid in the first place.
First Marriage Declared Null and Void
If your first marriage was annulled, meaning it was legally declared null and void from the beginning, you can marry again without violating bigamy laws since the annulled marriage is treated as if it never legally existed.
Examples of Bigamy Case Scenarios
Sarah had been married to Dan, but they argued and separated. She thought that they had gone for the final annulling of the marriage. She then moved on to another man, got married, and bore him a child, not knowing she was still legally married to Dan.
However, Sarah never dissolved her first marriage because an error was made while filing the necessary paperwork, meaning she was still legally married to Dan. This problem was only realized by Sarah after she was arrested for bigamy following her second marriage. Here, Sarah may be convicted of misdemeanor bigamy because she did not follow through with the divorce filings before entering into a second marriage.
This shows that you must be careful to ensure that your first marriage divorce filing has been finalized before deciding to move on to your second marriage. Otherwise, you might find yourself arrested for bigamy due to carelessness.
Another case scenario could be that John’s wife, Emily, had disappeared for several years, and John thought that she was dead. John waited for six years for Emily with no sign of her. Therefore, he had to move on with his life, so he remarried.
However, Emily reappeared in front of everyone, claiming to be alive all along. Here, John will not be charged with bigamy because he did not know that his first wife was still alive, and he was in genuine belief that she was dead.
Penalties for Penal Code 281 Violation
According to Penal Code 281, bigamy is unlawful in California and a grave offense. The consequences depend on the circumstances of your case. Bigamy is considered a ‘wobbler,’ meaning that the prosecution has the option to charge the crime as a felony or misdemeanor based on factors such as your previous criminal record or your intention for committing the crime.
Misdemeanor Penalties
If charged as a misdemeanor, a conviction for bigamy could result in up to one year in jail, or you could be sentenced to serve probation instead of time in jail. In addition, you could be fined to pay up to one thousand dollars.
Misdemeanor charges are pursued in cases where the offense appears to be less severe, such as if you had no intent to unlawfully enter into a second marriage or a situation in which you believed that your first marriage was dissolved but, due to procedural mistakes, it was still valid, but you were not aware.
Felony Penalties
The consequences are even worse if you are charged with a felony. A felony bigamy conviction can lead to 16 months, two years, or three years in prison. You could be asked to pay fines of up to $10.000. The judge may sentence you to serve probation in lieu of prison time with the possibility of other conditions, such as community service or mandatory counseling.
Felony charges are generally pursued by the prosecution for bigamy cases involving deceit, embezzlement, or multiple recidivism. For example, if you hid the previous marriage with the intent of getting married to another person, then the prosecution may seek severe consequences.
A bigamy conviction could also have life-lasting consequences that could strain your personal relationships and employment consequences, such as an employer needing you to have a clean criminal record to consider you for a job opportunity.
In more severe cases, it would affect a ruling regarding a child custody suit whereby the judge may rule that your spouse obtains custody over your children because you were convicted of bigamy.
Immigration Consequences
A conviction under Penal Code 281 for bigamy can have severe immigration repercussions for non-U.S. citizens. It is a crime of moral turpitude, which means it can result in deportation, being found inadmissible if you are a green card holder, and denial of visas.
Bigamy offenders may be subjected to deportation from the U.S., denied re-entry, or restricted from changing their immigration status. Therefore, non-citizens should obtain the assistance of a defense lawyer who is an expert in criminal defense and immigration law.
Legal Defenses to PC 281 Violation Accusations
A conviction for bigamy could result in severe consequences that could be life-altering. Therefore, you want to hire the services of a competent defense attorney who will help you build solid defenses to help dismiss your charges or lower them.
Therefore, you need to know that being charged under Penal Code 281 of bigamy does not necessarily mean you will be convicted. Various legal defenses may be used to lower the charges or eliminate them, depending on the circumstances of your case. They include the following:
You Believed that Your First Marriage Was Dissolved
You could argue you are innocent under Penal Code 281 by stating that you believed you were no longer married when you entered your second marriage. This can happen when you reasonably believed that a divorce had terminated your first marriage, but for some reason, you found out that it was not so, perhaps through a mistake of the court or a lack of understanding.
For example, you filed for a divorce and believed that you were finally done, only to find out that the paperwork that was filed was never processed or accepted by the court, meaning that you were still legally married. Therefore, if there is no criminal intent to commit bigamy, you cannot be convicted, and this can be used as a valid defense.
Your First Marriage Was Invalid
Your lawyer could help you argue that your first marriage was never legally valid. If your previous marriage was invalid or annulled because of fraud, force, or legal disability, you could not be considered a bigamist. A void marriage cannot be considered a lawful marriage in California. Therefore, you would not violate Penal Code 281 when entering another marriage.
For example, if your first partner was married to someone else at the time of your wedding, that first marriage is void. Since the first marriage was never lawful, the second marriage would not be bigamous.
You Believed That Your Previous Spouse Was Dead
If you have been charged with bigamy under Penal Code 281, you can also defend yourself based on a reasonable belief that your previous spouse was dead at the time of your second marriage. Your lawyer could argue that you genuinely believed that your spouse had died, based on credible information or their absence for a long time, and therefore, when you remarried, you did not intend to be a bigamist.
For example, if your spouse had left you for six years without any contact and you assumed that they were dead, this would be a valid defense should you remarry. However, this defense is only available if your belief was reasonable under the circumstances and you held it in good faith.
You were Forced into the Second Marriage
You could also argue that you were forced or coerced into the second marriage. Being forced involves being pressured or threatened into marrying someone against your will. In such cases, your consent was not voluntary, and as a result, you lacked the intention required to convict you for bigamy under Penal Code 281.
For example, Alex forces Alice to marry him by telling her that if she does not comply, he will harm her. Alice is already married, but her husband is poor, and Alex is rich and wants her to be his wife. Here, Alice’s second marriage would be considered forced. Because the law demands that you have to have intent to be convicted of bigamy, being forced into the marriage eliminates the possibility of that intent.
Find a San Diego Criminal Defense Lawyer Near Me
Bigamy under Penal Code 281 in California is a serious offense that attracts fines and possible imprisonment. It is, therefore, important to understand what defenses are available so that you can use them to prove that you are innocent of the charges against you. Every case is distinct, and circumstances vary, so you should seek the services of a defense lawyer who will advise you on your case and come up with the most appropriate defense.
If you are being charged with bigamy, contact the San Diego Family Law Attorney at 619-610-7425. Our legal team will help you through the criminal defense process and protect your rights.
