Bigamy Defense Lawyer in Botetourt County, Virginia
Bigamy, the act of marrying one person while still legally married to another, is a felony under Virginia law. In Botetourt County, a bigamy charge under Va. Code § 18.2-362 is a Class 4 felony, punishable by 2 to 10 years in prison and a fine up to $100,000. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Botetourt County General District Court | Virginia General Assembly
Virginia Bigamy Law and Penalties
Bigamy is defined in Virginia Code § 18.2-362. A person commits bigamy if they marry another person in Virginia while they have a living spouse from a prior marriage, or if they marry in Virginia knowing the other person has a living spouse. The statute provides specific defenses, such as if the prior spouse was continuously absent for seven years and not known to be alive, or if the defendant believed in good faith that a prior divorce was final. This is a serious charge that intersects criminal law and domestic relations, requiring a lawyer experienced in both areas.
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-362 (official Virginia General Assembly). Court procedures for Botetourt County felonies are handled by the Botetourt County Circuit Court.
Defending a Bigamy Case in Botetourt County
Bigamy cases in Botetourt County begin with a warrant or indictment. The case will proceed in Botetourt County Circuit Court for trial. A key defense strategy often involves challenging the prosecution’s ability to prove the defendant’s knowledge of the prior marriage’s validity or establishing a statutory defense. These cases can involve detailed examination of marriage records, divorce decrees from other states or countries, and the defendant’s intent.
- Secure immediate legal representation upon learning of an investigation or charge.
- Your attorney will obtain and review all marriage certificates, divorce decrees, and related documents.
- We will investigate potential defenses, such as a good-faith belief in a divorce or the seven-year absence rule.
- File pre-trial motions to challenge the sufficiency of the evidence or to suppress improperly obtained information.
- Negotiate with the Commonwealth’s Attorney for a reduction or alternative resolution, if possible.
- Prepare for a jury trial in Botetourt County Circuit Court if no acceptable plea agreement is reached.
Potential Penalties for Bigamy in Virginia
In Botetourt County, bigamy is a Class 4 felony carrying a potential prison sentence of 2 to 10 years and a fine of up to $100,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Bigamy (Va. Code § 18.2-362) | Class 4 Felony | 2 – 10 years | Up to $100,000 | None | Permanent criminal record; impact on immigration status, professional licenses, and child custody proceedings. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Complex Criminal and Family Law
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris’s unique background includes personally amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in family law at the legislative level. This blend of criminal defense skill and family law insight is critical for bigamy cases. For Botetourt County cases, our team includes Matthew Greene, a seasoned attorney with over 30 years of experience, including former death penalty certification and a 14-year contract with Child Protective Services in Alexandria, providing a nuanced understanding of cases with family law implications.
Case Results and Client Advocacy
While specific bigamy case results are confidential, our firm’s approach in Botetourt County and across Virginia is grounded in aggressive, informed defense. We have a documented record of achieving favorable outcomes in complex cases that straddle criminal and family law. Every case is unique, and we develop a strategy based on the specific facts and evidence.
Results may vary. Prior results do not aim for a similar outcome.
Bigamy Lawyer Near Botetourt County
Our Shenandoah/Woodstock location serves clients in Botetourt County and the surrounding I-81 corridor. We are accessible to residents of Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock. As a bigamy lawyer near Botetourt County courts, we offer 24/7 phone consultations for immediate legal help.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Bigamy Defense FAQs in Botetourt County
Is bigamy a felony in Virginia?
Yes. Bigamy is prosecuted as a Class 4 felony under Va. Code § 18.2-362, punishable by 2 to 10 years in prison and a fine up to $100,000.
What are the defenses to a bigamy charge?
It depends. Common defenses include a good-faith belief that a prior divorce was final, or that a prior spouse was continuously absent for seven years and not known to be alive. A domestic relations lawyer can help gather evidence like divorce decrees or records of absence to support these defenses.
Can I go to jail for bigamy if my second marriage was a mistake?
Yes, you can. The prosecution must prove you knew you were still legally married. However, a “good faith” belief that you were divorced is a statutory defense. An experienced family attorney can investigate to support this claim and present it effectively in court.
Does a bigamy charge affect child custody or divorce cases?
Yes. A bigamy conviction can severely impact ongoing divorce or child custody proceedings, as it may be used to question your judgment or honesty. It is crucial to have a family court lawyer who can coordinate your criminal defense with any related family law matters.
What should I do if I am investigated for bigamy?
Contact a criminal defense attorney immediately. Do not speak to investigators without legal counsel. Your attorney will advise you on preserving evidence, such as divorce documents, and will communicate with law enforcement on your behalf to protect your rights.
Related Legal Help: For broader criminal defense, see our Botetourt County criminal defense lawyer page. For issues arising from marital status, our Botetourt County family law attorney can provide assistance. Learn more about our statewide practice on our Virginia sex crime defense lawyer hub page.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding bigamy charges in Botetourt County, Virginia.