Most people don’t think of marriage as a potential crime scene—but under California law, certain acts tied to marriage can lead to criminal charges. Crimes like bigamy, incest, and even certain false representations of marital status may seem archaic, but they are still very much enforceable and can carry serious legal consequences.
If you’ve been charged with a so-called “marriage crime,” or are under investigation for one, it’s critical to understand what the law actually says—and how a criminal defense attorney from Law Office of Michael L. Fell can help protect your rights and your future.
What Is Bigamy Under California Law?
Bigamy is defined under Penal Code § 281 as knowingly marrying someone while still being legally married to another person. To be convicted, the prosecution must prove that the person entered a second marriage knowingly and willfully without having legally dissolved the first.
However, there are legal defenses. For example:
- Mistake of fact: If the defendant believed in good faith that their first marriage had been legally dissolved (for example, due to misinformation about a finalized divorce or presumed death), that could serve as a defense.
- Lack of willfulness: If the marriage was entered into under coercion or without full understanding, intent may be disputed.
A conviction for bigamy in California is typically a wobbler, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances. Penalties can range from up to 1 year in county jail to up to 3 years in state prison.
What About Incest?
Incest is defined in Penal Code § 285 as engaging in sexual relations with a close blood relative—such as a parent, child, sibling, or half-sibling—regardless of marital status.
Unlike bigamy, incest is always charged as a felony in California. A conviction can carry a sentence of up to 3 years in prison and can have long-lasting social and legal consequences, including mandatory registration as a sex offender in some cases, depending on the conduct involved.
It’s important to understand that incest charges are often prosecuted independently of any marital status or living arrangement—what matters is the nature of the familial relationship and the conduct in question.
Other “Marriage Crimes” You May Not Know About
While bigamy and incest are the most well-known, California law includes a few other criminal acts tied to marriage:
- Falsely solemnizing a marriage (Penal Code § 360): This involves officiating a marriage or pretending to do so without legal authority.
- Fraudulent marriage for immigration purposes (Immigration Marriage Fraud Amendments Act): While this is a federal crime, California residents are often investigated by both state and federal authorities for entering sham marriages to obtain immigration benefits.
Charges like these often involve complex motives—such as financial desperation, family pressure, or cultural misunderstanding. A good defense strategy will take all those factors into account.
Why You Need a Criminal Defense Attorney
Marriage-related crimes are often emotionally charged and socially stigmatized. Prosecutors may seek harsh penalties to “make an example,” and even unintentional violations can lead to serious outcomes.
At Law Office of Michael L. Fell, we approach these cases with discretion, diligence, and a commitment to uncovering the full story. Whether your case involves bigamy due to a paperwork error or incest allegations based on a misinterpreted relationship, we’ll fight to make sure your side is heard.
Accused of a Marriage Crime in California? Contact Law Office of Michael L. Fell Today
Crimes like bigamy or incest may not make headlines often, but the consequences are very real. If you’ve been charged or are under investigation, don’t face it alone.
Contact Law Office of Michael L. Fell at (949) 585-9055 for a confidential consultation. We’ll review your case, explain your legal options, and work to build the strongest possible defense.