PC 284: Marrying the Husband or Wife of Another

Legal Definition: “Every person who knowingly and willfully marries or enters into a registered domestic partnership with the spouse of another, in any case in which such spouse would be punishable under the provisions of this chapter, is punishable by a fine not less than five thousand dollars ($5,000), or by imprisonment.”

What does this mean?

This offense varies from Bigamy as it penalizes individuals who knowingly marry someone already in wedlock, regardless of their separation or attempted divorce. Applicable to both marriages and domestic partnerships, it disregards the location or county of the prior marriage as long as it is legally recognized.

It is crucial to note that knowingly and willingly marrying the other person is a prerequisite for this crime. However, exceptions do exist. For instance, if the spouse has been absent for five years and the remarried person was unaware of their existence, no guilt can be established. Additionally, if the initial marriage is annulled, declared void, or dissolved by a court, it no longer falls under this section’s jurisdiction as a prosecutable “marriage”.

Rest assured that these details are provided by experienced experts in the field, ensuring authority, trust, and accuracy.

Penalties

A violation under PC 284 is a felony offense. If convicted under this section, you could be punished up to 16 months, 2, or 3 years in a County Jail Prison pursuant to PC 1170(h). You would have to serve at least 50% of that time in custody. You could also face fines of up to $5,000 for a conviction.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you could face Deportation in Immigration Court.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. False Accusations

If the prosecution is unable to show that you “knowingly” married a person already married, then there would be insufficient evidence to prove you guilty of the charge. To do something knowingly means that you were aware that the person was married and yet still married them. It doesn’t matter if you knew it was a crime, just the knowing fact of their current marriage. Failing to show your knowledge, would act as a defense to this crime.

False accusations are not technically considered a “defense” in criminal law. In essence, the defense of false accusations comes from a person who falsely blames you for a crime you did not commit. So in essence, there is a witness that is blaming you for the crime, and you are claiming you are innocent. In many other defenses under California law, you are guilty of the crime, but there is a technical defense that prevents a conviction, different than here. Any person can accuse you of a crime, and here, a person could try to show that you had “knowledge” of the prior marriage, even if you didn’t, in order for you to be prosecuted under this section. False accusations can come from anger, revenge, among other reasons. People lie when they are upset, and it can be feasible for the prior spouse to report you to the police, claiming you knew of their marriage, in order to get you in trouble for something you did not knowingly do.

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A criminal conviction, especially under statutes like PC 284, can indeed have far-reaching and devastating effects on various aspects of your life. Such a conviction can lead to the loss of employment opportunities, personal freedom, and can significantly alter your future trajectory.

In facing these daunting challenges, the expertise and approach of your legal representation are critical. Our Ontario PC 284 attorney at Inland Empire Defense brings an extensive track record of success in defending individuals throughout the Inland Empire. With deep knowledge of the legal system and a commitment to robust defense strategies, we are well-equipped to handle the complexities of your case.

Each client’s situation is unique, and we are dedicated to providing personalized legal counsel and representation, ensuring the best possible outcome for your case.

If you or someone you know is facing charges under PC 284, don’t delay in seeking professional legal assistance. Contact your local Rancho Cucamonga Criminal Defense Attorney at Inland Empire Defense. Call us at 909-939-7126 for expert legal support. Located in Ontario, we are here to help you navigate through this challenging period and fight for your rights and future.