Bigamy is considered a sex crime in California. It takes place when a married individual marries more than one person concurrently.
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Bigamy Conviction in California
If convicted of this offense, the accused faces either a misdemeanor or a felony. It is punishable by up to one year in county jail or state prison. Conversely, the defendant may receive a maximum $10,000 fine.
Probation and community service or labor typically also accompany the punishments of this conviction. This crime is typically regarded as a “socially unacceptable crime.” As such, it is important that the accused to hire an experienced criminal attorney. Hire one 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 excel in California sex crime defense.
Burden of Proof
Every person who has a living husband or wife and who marries another is guilty of bigamy. A defendant charged with bigamy is in an unusual situation. Since, the burden of proof lies in his or her hands, it’s unusual.
Typically, a prosecutor works to prove the entirety of a criminal charge. Then, a defendant need not say anything at all. In a bigamy case, the prosecutor must only prove that there were two marriages. Also, he must prove the first spouse is still living. However, he is not required to prove that the first marriage was still in force at the time of the second marriage. In turn, it is up to the defendant to prove otherwise.
Bigamy Defense
The individual charged with bigamy offers a defense essentially by proving absenteeism. That is, the defendant proves his or her first spouse was absent for five successive years. During this time, there was no indication that he or she was still living.
Another option is to show that the first marriage is:
- Void,
- Annulled, or
- Dissolved by the court. It therefore follows that no bigamy exists where a court grants legal termination of a first marriage by annulment or divorce prior to the second marriage. However, a defective or fraudulent divorce is not a defense to a charge of bigamy. A good faith belief in divorce or unlawful marriage is not a defense either.
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 state prison.
Bigamy laws are serious and carry heavy fines and possible state prison sentences.
In order to best avoid serious penalties and the social stigma that results a bigamist/sex offender conviction, it is imperative to hire a criminal defense lawyer. Hire a lawyer who focuses on the unique issues and emotions that are commonly come in this field of law.
Hire an Experienced Attorney
The unparalleled criminal defense attorneys at The Kavinoky Law Firm firmly grasp the complexities related to California sex crime defense. They know what it takes to obtain favorable outcomes for their clients. Additionally, they understand how to critically analyze a sex crime police report. They know how to examine percipient witnesses. Due to this, this know how to spot the weaknesses in the prosecution’s case. Of course, all of which are in an effort to have the client’s case either reduced or dismissed.
Contact one of their many Los Angeles or other California law offices today. Request a free consultation and help for an unsurpassed bigamy defense.
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