Have You Been Charged with Bigamy in Atlanta?
When most people imagine a bigamist – one who is married to more than one person at a time – they often imagine a cult leader or someone belonging to a radical religious sect. However, it is possible for an average person to unwittingly commit bigamy due to an absent spouse, legal fraud, or a variety of misunderstandings. It is even easier to imagine someone marrying a bigamist – also a crime in Georgia – as a result of someone else's deception and manipulation. In these cases, a victim of fraud may be unfairly charged with a crime. Kimberly Berry can help you sort out your case and attempt to demonstrate that the alleged crime was really a misunderstanding. Contact the Berry Law Group today so you can start asserting your rights and protecting your reputation.
Georgia Bigamy Law
According to Georgia law (O.C.G.A. 16-6-20), bigamy has occurred when a person “being married and knowing his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.” The statute adds, “It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.”
Georgia Marrying A Bigamist Law
The related crime of marrying a bigamist (O.C.G.A. 16-6-21) has occurred when “an unmarried man or woman . . . marries a person whom he knows to be the wife or husband of another.” The statute specifies, “It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years, during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.
Punishments for Bigamy in Georgia
The punishment for a bigamy conviction is a prison term of one to ten years. The same punishment is given for the offense of marrying a bigamist. Both of these crimes are considered to be felonies.
Why Do I Need a Bigamy Defense Lawyer?
Cases involving bigamy and marrying a bigamist revolve around the intent of the accused. If it can be proven that the defendant reasonably believed that their spouse was dead or that a divorce had been granted before marrying a second spouse, they should be found not guilty. The definition of “reasonable belief” can be up for interpretation. Evidence that a person performed due diligence when determining their marital status is crucial to this type of case. The same goes for someone charged with marrying a bigamist – presenting evidence that you were deceived by your new spouse or that they were ignorant of their marital status is key. The complex nature of a bigamy case means that it is critical to obtain an experienced, sophisticated attorney who will serve as your advocate. Kimberly Berry will listen to your side of the story and then present it to prosecutors and, if necessary, a jury. She will aggressively counter attempts to present you as a criminal, instead pointing out the true circumstances that led to the charge. Call the Berry Law Group today so Kimberly can begin examining your case and planning the best path forward.