Bigamy: The Unusual Crime and Its Penalty in Arizona
Bigamy. It’s a term you might associate with ancient cultures or perhaps television dramas. It certainly doesn’t sound like a modern-day crime. But in many U.S. states, including Arizona, bigamy is indeed illegal and can lead to severe penalties. For the uninformed, bigamy refers to the act of entering into a marriage while still being legally married to another person. In today’s post, we’ll delve deep into the intricacies of this unusual crime in Arizona and shed light on its penalties.
Understanding Bigamy
To comprehend the concept of bigamy, one first needs to understand marriage’s legal foundations. Marriage is not just a religious or cultural rite; it is a binding contractual relationship recognized by the state. This relationship offers numerous benefits, such as tax breaks, inheritance rights, and healthcare decisions. Thus, to maintain the sanctity and legal stability of the institution, the state has interest in ensuring that these benefits aren’t exploited through dual marriages.
Arizona Law on Bigamy
The state of Arizona explicitly states its stance on bigamy under A.R.S. 13-3606. The statute reads:
“A person having a spouse living who knowingly marries any other person commits bigamy, which is a class 5 felony.”
To be found guilty of bigamy in Arizona:
- You must be legally married to one person.
- You knowingly enter into another marriage while the first marriage is still in effect.
One could think there might be a myriad of loopholes to this law. What if you genuinely believed your first spouse was deceased? Or what if you were under the impression that your previous marriage was annulled or dissolved? Well, Arizona law does consider these scenarios. If you had a reasonable belief that your spouse was deceased or that your previous marriage was terminated, you might not be convicted of bigamy.
Penalties for Bigamy
As noted, bigamy in Arizona is a class 5 felony. The penalties for a class 5 felony in Arizona can be quite severe:
- Probation with zero days in jail up to one year in jail OR
- Prison range from six months to 2.5 years for a first-time offender.
- For someone with one historical prior felony conviction, the prison range can be between one year and 3.75 years.
Besides imprisonment, being convicted of bigamy might lead to other consequences such as fines, restitution, or even mandatory counseling. It can also have significant implications in any pending divorce or child custody proceedings.
Defending Against Bigamy Charges
Given the severe consequences, if you’re accused of bigamy, it’s crucial to take the charges seriously. Common defenses include:
- Lack of Knowledge: You genuinely didn’t know that the previous marriage was still legally binding.
- Previous Marriage Terminated: You believed, in good faith, that your previous marriage had been dissolved or annulled.
- Mistaken Identity: In some rare cases, you might be mistakenly identified as being married to someone you’ve never wed.
Remember, the prosecutor has the burden of proving, beyond a reasonable doubt, that you knowingly committed bigamy.
In Conclusion
Bigamy, though seemingly a relic from another era, remains an important legal issue in Arizona. The consequences of a bigamy charge can be far-reaching, affecting not just your freedom but also your reputation and personal relationships.
If you or someone you know is facing bigamy charges or has questions regarding marital law in Arizona, don’t leave things to chance. The intricacies of the law require knowledgeable navigation. Reach out to Tamou Law Group PLLC, experienceds in Arizona’s legal landscape.
Contact Tamou Law at 623-321-4699. Let experienced professionals guide you through the complexities of Arizona law and provide the representation you deserve.
