Bigamy

Bigamy is considered a sex crime in California and takes place when a married individual marries another. If convicted of this offense, the accused faces either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison (respectively) or a maximum $10,000 fine. Probation and community service or labor will also likely be imposed with such a conviction. When facing what is typically regarded as a socially unacceptable crime, it is up to the accused to hire a criminal attorney who knows how to get through to the judge and jurors by effectively arguing the defenses that are applicable to this offense. The attorneys at The Kavinoky Law Firm specialize in California sex crime defense and know how to do exactly that.

Every person who has a living husband or wife who marries another is guilty of bigamy. A defendant who is charged with bigamy is in an unusual situation in that the burden of proof lies in his or her hands. Typically, a prosecutor must prove the entirety of a criminal charge and a defendant need not say anything at all. In a bigamy case, the prosecutor must only prove that there were two marriages and that the first spouse is still living, but he or she is not required to prove that the first marriage was still in force at the time of the second marriage, as it is up to the defendant to prove otherwise.

The accused charged with bigamy does this by proving that his or her first spouse has been absent for five successive years with no indication that he or she was still living or that his or her first marriage was declared void, annulled, or dissolved by the court. It therefore follows that no bigamy exists where the first marriage was legally terminated by annulment or divorce prior to the second marriage. However, a divorce that was fraudulent or defective is not a defense to a charge of bigamy, nor is a good faith belief that the accused had been divorced or that his or her first marriage was unlawful.

A bigamy charge may also be filed against an individual who knowingly and willfully marries the husband or wife of another, in any case in which that husband or wife could be prosecuted for bigamy. Such an individual also faces a felony, punishable by a minimum fine of $5,000 or by imprisonment in the state prison.

Bigamy laws are serious and carry heavy fines and possible state prison sentences. In order to best avoid these penalties and the social stigma that results from being labeled a bigamist / sex offender, it is imperative that the accused hires a criminal defense lawyer who focuses on the unique issues and emotions that are commonly associated with this field of law. The unparalleled attorneys at The Kavinoky Law Firm have mastered all things related to California sex crime defense and know what it takes to obtain favorable outcomes for their clients. They understand how to critically analyze a sex crime police report, how to examine percipient witnesses and how to spot the weaknesses in the prosecution’s case, which are all done in an effort to have a client’s case either reduced or dismissed. Contact one of their many Los Angeles or other California law offices today for a free consultation and for an unsurpassed bigamy defense.