Virginia Bigamy Lawyer — What Are the Defenses to a Felony Charge?
Bigamy in Virginia is a Class 6 felony under Va. Code § 18.2-362, punishable by 1-5 years in prison. A conviction also carries severe social stigma and can impact child custody. As a Virginia bigamy lawyer, Law Offices Of SRIS, P.C. provides a strong defense, challenging the prosecution’s evidence of a valid prior marriage and your knowledge of its existence.
Virginia’s Bigamy Statute and Legal Definition
Bigamy is defined under Virginia law as marrying another person while a prior marriage is still legally valid. The key statute is Va. Code § 18.2-362. For a conviction, the prosecution must prove beyond a reasonable doubt that you had a living spouse at the time of the second marriage and that you knew the first marriage was still legally binding. This is a specific intent crime, meaning your knowledge and belief about the status of the first marriage are central to the case. A skilled domestic relations lawyer understands that defenses often hinge on these elements of knowledge and the legal validity of the prior union.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
Defense Strategy and Court Process for a Bigamy Charge
Defending against a bigamy charge requires a precise, fact-driven approach. A family court lawyer will first scrutinize the validity of the alleged first marriage. Was it legally performed and never dissolved by death, divorce, or annulment? A common defense is a good-faith belief that the first marriage was invalid or had ended, which can negate the required criminal intent. The procedural steps in court are critical.
- Case Analysis & Investigation: Your attorney will obtain all marriage, divorce, and annulment records to verify the legal status of all marriages involved.
- Motion to Dismiss/Suppress: If the evidence of a valid prior marriage is weak or was obtained improperly, your lawyer may file a motion to have the charge dismissed or evidence suppressed.
- Negotiation with Prosecutor: Your attorney may negotiate for a reduction to a lesser offense, such as a misdemeanor, or seek a deferred disposition to avoid a felony conviction.
- Trial Preparation: If the case proceeds to trial, your lawyer will prepare a defense strategy focusing on your lack of criminal intent (mens rea) and challenge the prosecution’s evidence.
- Sentencing Mitigation: If convicted, your attorney will present mitigating factors to argue for a sentence below the guideline range, such as lack of criminal history and positive community ties.
Penalties for Bigamy in Virginia
In Virginia, bigamy is a Class 6 felony carrying 1-5 years in prison and a fine up to $2,500. A conviction also mandates registration as a sex offender in Virginia, which carries lifelong consequences.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Bigamy (Va. Code § 18.2-362) | Class 6 Felony | 1 – 5 years | Up to $2,500 | None | Mandatory sex offender registration; impacts immigration, professional licenses, child custody, and gun rights. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Virginia Bigamy Defense Team
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 “Advocacy Without Borders” philosophy means we build defenses that cross the lines between criminal law and family law, which is often essential in bigamy cases. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating a deep understanding of Virginia family law that directly benefits clients facing charges intertwined with marital status issues.
Documented Case Results
Law Offices Of SRIS, P.C. has a firm-wide record of 4,739+ documented results across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate. In sex crime cases, our team, including attorney Matthew Greene—a lawyer with 30+ years of experience including a former 14-year CPS contract in Alexandria—strategically challenges the evidence and intent required for conviction.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Bigamy Defense Near You
If you need a bigamy lawyer near Virginia, our firm is accessible statewide. We offer 24/7 phone consultations and meet with clients by appointment at our offices across Virginia to provide convenient legal support.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions (Bigamy in Virginia)
Is bigamy always a felony in Virginia?
Yes. Under Va. Code § 18.2-362, bigamy is classified as a Class 6 felony, punishable by 1-5 years in prison and a fine up to $2,500.
What is the most common defense to a bigamy charge?
It depends. The most effective defense is often a good-faith belief that the first marriage was not legally valid or had ended through divorce or annulment. A family attorney can investigate records to support this claim and challenge the prosecution’s evidence of a valid, subsisting marriage.
Can I be charged with bigamy if my first spouse disappeared?
Yes, you can still be charged. Virginia law requires a legal termination of marriage. If your spouse disappeared, you must obtain a court declaration of death or a divorce on grounds of desertion before remarrying. Remarrying based on an assumption can lead to charges.
Does a bigamy conviction affect child custody cases?
Yes, significantly. A felony conviction, especially one involving moral turpitude like bigamy, is a major factor a family court lawyer must address in custody determinations. The court views it as relevant to a parent’s judgment and stability, potentially impacting custody and visitation rights.
What should I do if I am under investigation for bigamy?
Immediately seek a family law help from a criminal defense attorney. Do not speak to investigators without counsel. Your lawyer will secure all marriage and divorce records and advise you on your rights to prevent self-incrimination while building a defense strategy.