Accused Under Minnesota Statute § 609.355? A Minnesota Lawyer Explains the High Stakes of a Bigamy Charge
You find yourself in a situation you never thought possible, reading a criminal complaint that seems like it’s from another century. You’ve been charged with bigamy. The accusation itself feels surreal, and the confusion and fear are overwhelming. Perhaps this is all a profound misunderstanding, stemming from a complex divorce that you believed was finalized. Maybe you entered into a new relationship, believing in good faith that you and your new partner were both legally free to marry. Or perhaps you were unaware of a previous, undissolved marriage in your partner’s past. Now, the state of Minnesota is calling you a felon, and your life has been turned upside down. The weight of this accusation threatens your reputation, your family, your financial stability, and your very freedom.
You do not have to face this bewildering and frightening process alone. The prosecution will try to simplify your life into a single, criminal act, ignoring the complicated human circumstances that led you here. They will leverage the unusual nature of this charge to paint you as deceptive and untrustworthy. My job is to tell your side of the story and to dismantle their case. As a criminal defense attorney who has defended the rights of individuals across Minnesota—from the metropolitan hubs of Minneapolis and St. Paul to communities in Rochester, Duluth, Bloomington, and St. Cloud—I understand how to navigate these sensitive and complex cases. This is about more than just fighting a criminal charge; it’s about protecting your name, untangling the legal knots, and securing your future.
What Bigamy Actually Means in Minnesota
In Minnesota, a bigamy charge isn’t just about having two marriage certificates. It’s a felony offense centered on the act of entering into a new marriage while knowing that a previous one hasn’t been legally dissolved. The law is designed to protect the integrity of marriage as a legal contract and to prevent the fraud and confusion that can arise from multiple, simultaneous marriages. Facing a “Minnesota bigamy charge” means the prosecutor believes they can prove you knowingly and intentionally violated this fundamental rule, either by getting married yourself or by marrying someone you knew was still legally married to another person.
The core of a “what is bigamy in Minnesota” accusation is the element of knowledge. The state must prove that you were aware of the existing, undissolved marriage. This is often where the battle is fought. A “facing bigamy accusation” case can hinge on proving what you knew and when you knew it. It can involve complex divorce documents from other states, questions about religious versus civil ceremonies, and deep dives into your personal history. It’s a charge that, while rare, is treated with the utmost seriousness by the courts.
Minnesota Law on Bigamy — Straight from the Statute
The legal framework for your charge is Minnesota Statute § 609.355. It is essential to understand the specific language the state will use to try and convict you. Every word in the statute provides an opportunity for a defense, and we will analyze it meticulously to find the weaknesses in the prosecution’s case.
609.355 BIGAMY.
Subdivision 1. Definition. In this section “cohabit” means to live together under the representation or appearance of being married.
Subd. 2. Acts constituting. Whoever does any of the following is guilty of bigamy and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) knowingly having a prior marriage that is not dissolved, contracts a marriage in this state; or
(2) contracts a marriage with another in this state with knowledge that the prior marriage of the other is not dissolved; or
(3) marries another outside this state with knowledge that either of them has a prior marriage that has not been dissolved, and then cohabits with the other in this state.
Breaking Down the Legal Elements of Bigamy in Minnesota
To secure a felony conviction for bigamy, a prosecutor cannot simply show that two marriage licenses exist. They carry the heavy burden of proving, beyond a reasonable doubt, that your actions fit every specific component of the crime as defined by law. My purpose is to challenge their evidence and narrative at each of these critical points, creating the doubt necessary to protect your freedom.
- A Prior, Undissolved Marriage: The prosecution must first establish the existence of a legally valid, prior marriage involving either you or your new spouse. This isn’t always straightforward. Was the first marriage legally performed? Was it officially recorded? We will investigate the circumstances of this alleged prior marriage to determine its legal validity. If the first marriage was never legally binding, then a subsequent marriage cannot be bigamous. The burden is on the state to produce certified proof of this marriage and its continuing legal status.
- The Act of Marrying or Cohabiting: The state must then prove that you engaged in one of the specific acts outlined in the statute. This could be contracting a new marriage within Minnesota’s borders. Alternatively, if the new marriage occurred out-of-state, they must prove that you subsequently lived with the person in Minnesota under the appearance of being married (“cohabited”). We will scrutinize the evidence of the new marriage or cohabitation, challenging the state’s timeline and the interpretation of your living situation to contest this element of the charge.
- Knowledge and Intent: This is the most critical element and often the cornerstone of a strong defense. The prosecution must prove that you acted knowingly. This means they have to provide evidence that you were consciously aware that a prior marriage had not been legally dissolved. An honest mistake, a misunderstanding about the finality of a divorce, or a good-faith belief that you were free to marry is not a crime under this statute. We will work to demonstrate that you did not possess the required criminal knowledge, thereby negating the central element of the offense.
Penalties for a Bigamy Conviction in Minnesota Can Be Severe
Do not let the archaic-sounding name of the charge fool you into underestimating its seriousness. A conviction for bigamy in Minnesota is a felony, and the consequences are designed to be life-altering. The “penalties for bigamy in Minnesota” go far beyond a simple annulment; they can strip you of your freedom and financial stability. Understanding these potential outcomes is crucial as we begin to build your defense.
Felony Conviction
Bigamy is not a misdemeanor or a gross misdemeanor; it is a felony-level offense. If you are convicted under Minnesota Statute § 609.355, you face a sentence of up to five years in prison, a fine of up to $10,000, or both. In addition to these maximum penalties, a judge has the discretion to order a lengthy term of probation, which comes with its own set of strict conditions. The “Minnesota sentencing for bigamy” reflects the gravity with which the state views this offense, and a felony on your record creates a lifetime of obstacles.
What Bigamy Looks Like in Real Life — Common Scenarios in Minnesota
Bigamy charges are rare, and they almost never arise from a scheme to defraud. More often, they are the result of complicated personal lives, messy divorces, and legal misunderstandings that spiral into a criminal matter.
These accusations can blindside people who believed they were acting in good faith. Your situation may feel unique, but it likely falls into a pattern that I have seen before.
The Misunderstood Divorce
You went through a difficult divorce years ago. You received papers, signed them, and believed everything was finalized. You moved on with your life, met someone new, and got married in a ceremony in Minneapolis. Later, you discover that due to a clerical error, a procedural mistake by your old lawyer, or a requirement you didn’t know about, your divorce was never legally finalized. Your ex-spouse, upon learning of your new marriage, reports it, and you are charged with bigamy despite your genuine belief that you were single.
Reliance on a Partner’s Word
You fall in love and decide to get married in St. Paul. Your new spouse assures you that their previous divorce, which took place in another country, was completed long ago. You take them at their word. It’s only when a legal issue arises that you learn their foreign divorce was never recognized under U.S. law. Because you contracted a marriage with someone who was still legally married, you find yourself facing a bigamy charge based on your partner’s unresolved legal status.
A Separation Mistaken for a Divorce
After a long period of separation from a spouse in Duluth, you both considered the marriage to be over. You lived apart for years, filed taxes separately, and moved on to new relationships. Believing that this long-term separation was legally sufficient, you enter into a new marriage. In Minnesota, however, only a formal decree of dissolution or annulment legally ends a marriage. A prosecutor could argue that you knowingly entered a new marriage while the first was still legally intact.
Out-of-State Marriage and Cohabitation in Rochester
You and your new partner, who you know has a pending but not-yet-final divorce, travel to a state with different marriage laws and get married there. You then return to your home in Rochester and live together as a married couple. Under Minnesota law, this act of marrying outside the state with knowledge of an undissolved marriage and then cohabiting within Minnesota constitutes bigamy, even if the marriage ceremony itself did not occur here.
Legal Defenses That Might Work Against Your Bigamy Charge
An accusation of bigamy can make you feel cornered and defenseless. It may seem like a simple matter of paperwork—one, two, you’re guilty. But it is never that simple. The prosecution’s case is built on a series of assumptions about your knowledge and your actions, and every one of those assumptions can be challenged. A powerful defense begins with refusing to accept the state’s story and working to build our own.
We will meticulously investigate the circumstances of both marriages, your state of mind, and the legal documentation involved. Our goal is to find the factual and legal weaknesses that can lead to a dismissal, a reduction of the charge, or a not-guilty verdict at trial. There are strong “defenses to bigamy in Minnesota,” and we will leverage them to protect your rights and your future. It’s time to learn “how to fight bigamy charges.”
Lack of Knowledge or “Knowing” Conduct
This is the most powerful defense against a bigamy charge. The statute requires that you acted “knowingly” or with “knowledge.” If we can show that you had a good-faith belief that you (or your partner) were legally free to marry, the state’s case falls apart.
- Good-Faith Belief in Divorce: We will gather evidence demonstrating your reasonable belief that a prior marriage was dissolved. This could include emails from a divorce attorney, preliminary court documents you misunderstood, or verbal assurances from your ex-spouse that you relied upon. Your genuine, even if mistaken, belief is a complete defense to this charge.
- Deception by a Partner: Were you lied to? If your new spouse concealed their existing marriage from you, you did not act with the required knowledge. We can investigate their background and communications to prove that you were a victim of deception, not a willing participant in a crime.
Challenging the Validity of the Prior Marriage
A bigamy charge is predicated on the existence of a valid prior marriage. If the first marriage was not legally sound to begin with, then it cannot form the basis of a bigamy prosecution.
- Improper Formalities: We will investigate the circumstances of the first marriage. Was it performed by someone legally authorized to do so? Was a valid marriage license obtained and filed correctly? Any procedural defect in the formation of the first marriage could render it void and your new marriage legal.
- Common-Law Marriage Issues: Minnesota does not recognize common-law marriage contracted within its borders. If the “prior marriage” was a common-law relationship formed in a state that does recognize it, we must analyze whether it meets that state’s specific, often strict, legal requirements. The prosecution cannot simply assume it was a valid marriage.
Attacking the Element of “Cohabitation”
If your marriage took place outside of Minnesota, the prosecution must prove you and your spouse then “cohabited” in the state. This term has a specific legal meaning: living together with the appearance of being married.
- Insufficient Evidence of Cohabitation: We can challenge the state’s evidence on this point. Were you merely roommates? Did you maintain separate finances and present yourselves as single? We can argue that your living arrangement did not meet the legal definition of cohabitation, breaking a necessary link in the prosecution’s chain of evidence.
Arguing Duress or Coercion
While less common, it is a defense to argue that you were forced into the marriage against your will. If you were under immediate threat of harm and had no reasonable alternative, you may have been deprived of the free will necessary to be held criminally liable.
- Evidence of Threats: This defense requires credible evidence that you were coerced into the marriage. This could include threatening messages, witness testimony, or a history of domestic abuse. If you did not voluntarily enter the marriage contract, you did not commit a crime.
Minnesota Bigamy FAQs — What You Need to Know Now
Will I go to jail for bigamy in Minnesota?
A felony bigamy conviction carries a potential prison sentence of up to five years. However, jail time is not automatic. The final sentence depends on the specific facts of your case, your criminal history, and the strength of your defense. An effective attorney can argue for alternatives like probation or work to get the charge dismissed entirely, which is always the primary goal.
Can a bigamy charge be dismissed in Minnesota?
Yes, absolutely. A dismissal is a very possible outcome. If we can successfully argue that you lacked the required “knowledge,” that the prior marriage was invalid, or that the evidence is otherwise insufficient, the court may dismiss the case. Early and aggressive intervention from an attorney provides the best chance of achieving a dismissal.
Do I need a lawyer for a bigamy charge in Eagan or Plymouth?
Yes, without question. A bigamy charge is a serious felony, no matter where you are in Minnesota. The prosecutors in suburban counties like Dakota or Hennepin are just as capable and aggressive as those in the major cities. You need a lawyer who understands the local courts and can build a sophisticated defense against a complex charge. Do not try to handle this alone.
How long does a bigamy conviction stay on my record?
A felony bigamy conviction is a permanent mark on your criminal record in Minnesota unless you are able to get it expunged. The expungement process is complicated, and success is never guaranteed for felonies. The best strategy is to prevent the conviction from ever happening by fighting the charge vigorously from the start.
What if my first marriage was a common-law marriage?
This complicates things but can be a strong point for the defense. Minnesota does not create common-law marriages, but it may recognize them if they were validly formed in a state that does. The prosecution has the burden of proving that your relationship met all the specific legal tests for a common-law marriage in that other state, which is often a high bar.
What’s the difference between bigamy and adultery?
Bigamy is the criminal act of being married to more than one person at the same time. Adultery is the act of a married person having a consensual sexual relationship with someone other than their spouse. While some states have laws against adultery, it is not a crime in Minnesota. Bigamy is a felony focused on the legal status of marriage itself.
My divorce wasn’t final, but I thought it was. Is that a defense?
Yes. This is the core of the “lack of knowledge” defense. If you had a good-faith, reasonable belief that your divorce was final, you did not “knowingly” enter into a bigamous marriage. We would work to collect evidence—such as court notices you received or communications from your lawyer—to prove your state of mind.
I got married in another country. Does that matter?
Yes. The validity of both your first and second marriages can depend on international law and treaties. We may need to consult with legal professionals in another country to determine the legal status of your marriages. This complexity can often work in your favor, as it makes the prosecutor’s job of proving their case much more difficult.
What does it mean to “cohabit”?
In the context of Minnesota’s bigamy law, “cohabit” means more than just living at the same address. It means living together while also presenting yourselves to the public as a married couple. This could involve sharing a last name, filing joint taxes, or referring to each other as husband or wife. If you did not hold yourselves out as married, you did not cohabit under the statute.
Should I talk to the police or an investigator?
No. You should politely but firmly decline to answer any questions and state clearly, “I am exercising my right to remain silent and I will not speak to you without my lawyer present.” Police and investigators are trained to elicit incriminating statements. Anything you say can be twisted and used against you. Call an attorney immediately.
What if my first spouse is deceased?
If your spouse from a prior marriage is deceased, that marriage has been dissolved by death. You are legally a widow or widower and are free to remarry. A subsequent marriage would not be bigamous in this situation.
Can my new marriage be annulled?
If you are convicted of bigamy, your subsequent marriage is considered legally void and can be annulled. An annulment declares that the marriage was never legally valid from its inception. This is a civil matter that is separate from the criminal charge, but it is an inevitable consequence of a conviction.
What is the first step in my defense?
The first and most important step is to hire a criminal defense attorney with experience in handling serious felony charges. Schedule a confidential consultation to go over the details of your case. This allows the attorney to understand your situation, explain your rights, and begin formulating a defense strategy immediately.
Will this affect my immigration status?
Yes, a felony conviction like bigamy can have devastating consequences for non-citizens. It can lead to deportation, denial of naturalization (citizenship), or prevent you from re-entering the United States. It is absolutely critical to have a defense attorney who understands these immigration-related stakes.
Is it expensive to hire a private attorney?
Hiring a dedicated private attorney is an investment in your future. While public defenders work hard, they often have massive caseloads that prevent them from giving your complex case the time and focus it requires. When you consider the cost of a felony conviction—prison, fines, loss of career, and a permanent criminal record—the cost of a vigorous defense is invaluable.
What a Bigamy Conviction Could Mean for the Rest of Your Life
A bigamy conviction is not a charge that fades away after you’ve paid a fine or finished probation. It leaves a permanent, public scar on your life. The “life after a bigamy conviction in Minnesota” is fraught with challenges that can affect your reputation, your career, and your most basic rights. The “criminal record consequences for bigamy” are profound and lasting.
Devastation of Your Personal Reputation
A bigamy conviction carries a unique social stigma. It can be used to paint you as deceptive, immoral, and untrustworthy. This public label can shatter personal relationships and lead to isolation and judgment within your community. Family members, friends, and colleagues may view you differently, and the damage to your good name can be irreparable. Rebuilding trust after such a public and personal conviction is an uphill battle.
The Impact on Your Career and Finances
A felony conviction of any kind is a major barrier to employment, but one for bigamy can be especially damaging. Employers in fields that require high ethical standards, such as finance, law, or healthcare, may see the conviction as a sign of dishonesty, making it nearly impossible to find or keep a job. This can lead to severe financial strain, impacting your ability to support yourself and your family.
Loss of Civil Rights, Including Firearm Ownership
As with any felony conviction in Minnesota, you will permanently lose your right to own, possess, or use a firearm. This is a loss of a fundamental constitutional right. Beyond that, a felony conviction can also impact your right to vote (until your sentence is fully discharged) and your ability to serve on a jury, diminishing your role as a full citizen in your community.
Serious Immigration Consequences
For anyone who is not a U.S. citizen, a bigamy conviction can be catastrophic. It is often considered a “crime involving moral turpitude” (CIMT), which is a category of offenses that carries severe immigration penalties. A conviction could lead to your deportation, make you ineligible for a green card or citizenship, and prevent you from ever returning to the United States, tearing you away from the life you have built here.
Why You Need a Tough, Experienced Minnesota Bigamy Attorney
When you are facing a charge as unusual and serious as bigamy, you cannot afford to have an attorney who is learning on the job. You need a defense lawyer who has a deep understanding of Minnesota felony law and who is prepared to fight for you at every stage. You need a dedicated advocate who sees you as a person, not a case file.
The Critical Advantage of a Private Lawyer
Public defenders are dedicated professionals, but they are often burdened by overwhelming caseloads. They may not have the time or resources to conduct the in-depth investigation that a complex bigamy case requires. As your private attorney, I will dedicate the necessary time to unravel the facts of your case. We will track down divorce records, investigate the validity of prior marriages, interview witnesses, and meticulously prepare for court. You will have direct access to me, and your case will be my priority.
The Power of Acting Quickly
The time between when you are accused and when you are formally charged is a critical window of opportunity. By hiring me immediately, I can often intervene with the prosecutor before a charging decision is made. We can present evidence of your good-faith belief, point out the flaws in their legal theory, and potentially persuade them to drop the case or file a less serious charge. Waiting to act gives the prosecution time to build momentum and solidify their narrative against you.
Deep Knowledge of Minnesota Courts
I have defended clients in courtrooms across the state, from the fast-paced dockets of Hennepin and Ramsey Counties to the local courts in smaller communities like Maple Grove and Brooklyn Park. I understand the unwritten rules, the personalities of the prosecutors, and the expectations of the judges in these different jurisdictions. This local knowledge is an invaluable asset that allows me to tailor our legal strategy to the specific environment where your case is being heard, giving you a tactical advantage.
A Commitment to Achieving the Best Result for You
My approach is built on a single-minded focus: achieving the best possible outcome for you. I am not here to simply process a plea deal. I am here to fight. That means preparing every case as if it will go to trial. This thorough preparation often leads to better results without a trial—such as a dismissal or a favorable plea to a non-felony offense—because the prosecutor knows we are ready and willing to go the distance. Your future is my mission, and I will bring all of my skill, experience, and tenacity to your defense.