Criminal Defense Lawyers

Penal Code § 284 PC – Marrying the Husband or Wife of Another

Are you facing charges under California Penal Code § 284? If so, you’re likely feeling overwhelmed and uncertain about what comes next. At Spodek Law Group, we understand the stress and anxiety that comes with criminal charges. Our experienced attorneys are here to guide you through this difficult time and fight for your rights.

What is Penal Code § 284 PC?

California Penal Code § 284 makes it a crime to knowingly marry or enter into a domestic partnership with someone who is already married to another person. This law aims to prevent bigamy and protect the sanctity of marriage.Specifically, the statute states:”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 pursuant to subdivision (h) of Section 1170.”Let’s break down the key elements of this law:

• Knowingly and willfully – You must be aware that the person is already married and intentionally go through with marrying them anyway.
• Marries or enters domestic partnership – This applies to both legal marriages and registered domestic partnerships in California.
• With spouse of another – The person you’re marrying must already be legally married to someone else.

It’s important to note that this law is different from bigamy (PC 281), which applies when someone who is already married gets married again. PC 284 targets the person marrying someone they know is already married.

Penalties for Violating PC 284

If you’re convicted under Penal Code § 284, you’re facing serious consequences. This offense is charged as a felony in California. Potential penalties include:

• Up to 3 years in county jail
• A minimum fine of $5,000
• Felony probation

A felony conviction can have long-lasting impacts on your life, including:

• Loss of gun ownership rights
• Difficulty finding employment
• Challenges renting housing
• Loss of professional licenses
• Immigration consequences for non-citizens

That’s why it’s crucial to have an experienced criminal defense attorney on your side if you’re facing charges under PC 284. At Spodek Law Group, we have a proven track record of successfully defending clients against felony charges. We’ll fight tirelessly to protect your rights and freedom.

Legal Defenses to PC 284 Charges

While being charged under PC 284 is serious, there are several potential defenses we can explore:

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2024-03-21

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2024-03-18

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2024-03-15

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2024-03-15

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1. Lack of knowledge – You didn’t know the person was already married. This is a key element of the crime.
2. Mistake of fact – You had a reasonable, good faith belief that the person’s previous marriage was invalid or terminated.
3. Coercion – You were forced or threatened into marrying the person against your will.
4. Invalid prior marriage – The person’s previous marriage wasn’t legally valid.
5. Statute of limitations – The charges weren’t filed within the 3-year statute of limitations.

Our skilled attorneys will thoroughly investigate your case to identify the strongest defenses. We’ll leave no stone unturned in building your defense strategy.

Why Choose Spodek Law Group?

When you’re facing criminal charges, you need a law firm with the experience, resources, and dedication to achieve the best possible outcome. At Spodek Law Group, we offer:

• Decades of experience – Our attorneys have successfully handled countless criminal cases, including complex felony matters.
• Aggressive advocacy – We fight relentlessly for our clients, both in and out of the courtroom.
• Personalized attention – You’re not just a case number to us. We take the time to understand your unique situation and tailor our approach accordingly.
• 24/7 availability – Legal issues don’t always happen during business hours. We’re here for you whenever you need us.
• Proven results – Our track record speaks for itself. We’ve achieved favorable outcomes for clients in even the toughest cases.

Don’t face these serious charges alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let us put our knowledge and experience to work for you.

FAQs About Penal Code § 284

Q: Can I be charged under PC 284 if I didn’t know the person was married?

A: No. Knowledge is a key element of this crime. If you truly didn’t know the person was married, you shouldn’t be convicted under this statute. However, proving lack of knowledge can be challenging, which is why it’s crucial to have an experienced attorney on your side.

Q: What if the person I married told me they were divorced?

A: If you had a reasonable, good faith belief that the person’s previous marriage was terminated, this could be a valid defense. We would need to gather evidence to support your belief, such as statements from the person, documents they may have shown you, etc.

Q: Is PC 284 the same as bigamy?

A: No, although they’re related. Bigamy (PC 281) applies to someone who gets married while they’re already married. PC 284 applies to the person who marries someone they know is already married to someone else.

Q: Can I be charged under PC 284 for a domestic partnership?

A: Yes. The law applies equally to marriages and registered domestic partnerships in California.

Q: What’s the statute of limitations for PC 284 charges?

A: Generally, charges must be filed within 3 years of the alleged offense. However, there can be exceptions that extend this time frame.If you have more questions about Penal Code § 284 or are facing charges, don’t hesitate to reach out to us at Spodek Law Group. We’re here to help guide you through this challenging time and fight for your rights. Call us today at 212-300-5196 for a free consultation.

The Spodek Law Group Difference

At Spodek Law Group, we’re not just lawyers – we’re advocates, fighters, and your partners in navigating the complex legal system. When you choose us, you’re choosing:

• Compassion – We understand the stress and anxiety you’re facing. We’re here to support you every step of the way.
• Expertise – Our attorneys have deep knowledge of California criminal law and extensive courtroom experience.
• Dedication – We’re committed to achieving the best possible outcome for you, no matter how challenging the case.
• Communication – We keep you informed throughout the process, explaining complex legal concepts in terms you can understand.
• Results – Our track record speaks for itself. We’ve helped countless clients achieve favorable outcomes in their cases.

Don’t let a PC 284 charge derail your life. Contact Spodek Law Group today at 212-300-5196. Let us put our experience, knowledge, and passion for justice to work for you. Together, we’ll fight for your rights and your future.