A basic polygamy definition in California is when one person is married to more than one other person at the same time. There are two main categories of polygamy, polygyny, when a man has more than one wife, and polyandry, when a woman has more than one husband.
In the United States, as well as in many other countries, an individual cannot get a marriage license for polygamy. This is because the practice is illegal under California state and federal laws.
This is based on the legal history and cultural values of the United States, as the U.S. legal system is based on British common law that only recognized monogamous marriages. When the colonies were established in America, many of the British legal traditions were also carried over, including polygamy being prohibited.
Many of the religious groups that played a significant role in shaping the early American laws and cultural norms also followed monogamous marriage models.
There was strong opposition to this practice, resulting in the 1882 Edmunds Act. This Act made it a federal crime to cohabit with more than one woman. Those who oppose the practice of polygamy argue that it negatively affects the women and children involved and may have potential for abuse, neglect, and exploitation.
Common law marriage is a type of informal and non-ceremonial relationship that is recognized as a legal marriage in certain jurisdictions when certain marriage requirements are met. Even though common-law marriages may involve polygamy, it may still be considered against the law in jurisdictions where polygamy is prohibited.
To find out more information about what is considered a common law marriage in California or if an individual is facing polygamy changes, it is important to schedule a lawyer consultation.
What Are the Differences Between Polygamy and Bigamy?
Even though both polygamy and bigamy refer to someone who has multiple spouses, there are specific differences. Polygamy, as noted above, refers to having more than one spouse at the same time, including polygyny and polyandry.
In a society or culture where polygamy is an accepted practice, it can be practiced in the open, where all of the spouses are aware of the situation and consent to it. In jurisdictions where polygamy is against the law, prosecution occurs when it is discovered in a jurisdiction where it is illegal or where there are allegations of domestic abuse or child abuse.
Investigations into polygamy may arise due to reports from concerned neighbors, family members, or members of the community. Bigamy is a specific form of polygamy where someone is legally married to two spouses at the same time without the knowledge or consent of one or both of the spouses.
Bigamy typically involves deception because the individual will purposefully hide the existence of one spouse from the other spouse. An investigation into bigamy may begin after one spouse discovers their spouse’s second marriage, which may occur because of discrepancies in documents, such as marriage licenses, tax returns, or insurance policies, or through other unrelated issues, such as divorces or custody disputes.
Investigations into both polygamy and bigamy can involve reviewing evidence such as financial records, children’s birth certificates, witness statements, and more. Law enforcement may also conduct surveillance of a suspect to collect evidence of the illegal marriage.
In many jurisdictions, both polygamy and bigamy are classified as felonies. In California, these are categorized as wobbler offenses, which will be discussed further below.
In order to successfully prosecute for polygamy or bigamy in California, the prosecution will have to show each element of the offense beyond a reasonable doubt. There may also be aggravating or mitigating factors in each case that result in more serious or lesser charges, or allow for a plea deal to be reached.
Can You Go to Jail for Polygamy?
Yes, it is possible to go to jail for polygamy. The specific penalties a defendant may face can vary greatly depending on the jurisdiction and the facts of their unique situation.
Generally, when someone is convicted of polygamy, they may face imprisonment, criminal fines, or a combination of both. If the case also involves other issues, for example, domestic abuse, sexual abuse, or child abuse, the penalties will likely be more severe, including longer prison sentences, higher criminal fines, and potentially the loss of parental rights.
The following are examples of how these specific issues may impact the penalties a defendant may face when convicted of polygamy:
- Domestic Abuse: When a defendant is found guilty of both polygamy and domestic abuse, they may face additional charges and penalties.
- For example, they may be charged with assault, battery, or variations of these, depending on the severity of the incident.
- Penalties for these offenses may include incarceration, criminal fines, probation, and mandatory counseling.
- Sexual Abuse: If a defendant in a polygamous relationship is also found guilty of sexually abusing a spouse or other household member, they may face charges related to various sex crimes.
- These types of charges may result in serious penalties, which can include lengthy incarceration, criminal fines, mandatory sex offender registration, and having restrictions on places to live and work after being released.
- Child Abuse: If a defendant who is involved in a polygamous relationship is convicted of child abuse, they may face other charges, such as child endangerment, child neglect, or others, depending on the nature of the facts of the case.
- The penalties for these offenses may include incarceration, criminal fines, mandatory counseling, and losing parental rights.
- In some more extreme cases, an individual may be permanently barred from contact with their children.
With each of these additional issues, the penalties for the polygamy example would be exacerbated by the additional charges that are related to the domestic abuse, sexual abuse, or child abuse. The severity of the penalties a defendant faces will depend on the laws of the jurisdiction and the facts and circumstances of the specific case.
The court will usually have discretion when sentencing a defendant and will be able to consider factors including their criminal history, the severity of the abuse that occurred, and the impact on the victim or victims. A California lawyer can help their client understand how additional issues and charges can impact their case and their sentencing if they are convicted of polygamy.
What Are the Penalties for Polygamy in California?
In the State of California, polygamy and bigamy are classified as wobbler offenses. A wobbler crime may be charged as a misdemeanor offense or as a felony offense.
The penalties for a misdemeanor polygamy offense may include jail time of up to one year, criminal fines of up to $1,000, and probation. The penalties for a felony polygamy offense may result in up to three years in state prison, criminal fines of up to $10,000, and probation.
A felony conviction may also impact an individual’s immigration status, causing deportation for non-citizens. Convictions may also result in losing professional licenses, for example, legal or medical licenses.
There are certain factors that may influence whether a defendant is charged with a misdemeanor or a felony, including their criminal history and the level of deceit that was involved in the offense. It is also important to be aware that in California there is a cohabitation clause, which means that just living with another individual as though married following a marriage can support charges.
There are however, exceptions, such as if the individual’s first spouse has been absent for five years without any contact or if their first marriage was legally dissolved or annulled.
Should I Contact a California Lawyer?
If you are facing polygamy or other related charges in California, it is essential to consult with a California criminal lawyer, as a criminal conviction can impact nearly all aspects of your life, especially if you may also be facing immigration consequences. Your attorney can defend you, negotiate for lesser charges or a plea deal, and ensure your rights are protected.
Take 15 minutes today and use the free lawyer-client matching services LegalMatch provides to find a licensed and prescreened California criminal attorney near you who can help.
