Evidence tampering is a form of obstruction of justice.
The California Criminal Code has a vast array of laws that penalize certain actions. This includes a variety of acts that interfere with the administration of justice (both civil and criminal). One such crime is evidence tampering.
Under California law, it is a crime to tamper with evidence — or potential evidence — by changing the evidence, planting or placing the evidence in a specific place, hiding the evidence, moving the evidence, or making or manufacturing evidence. According to a criminal defense lawyer in Orange County, CA, evidence includes any type of physical object that may be produced in a legal trial, proceeding, or investigation. It includes digital images as well as video recordings.
To be convicted of tampering with evidence, a prosecutor must be able to show that you acted with a certain state of mind when doing so. To prove this, the state must show:
- That you planted or tampered with evidence willfully and intentionally;
- That you knew that you were planting or tampering with evidence; and
- When you planted or tampered with evidence, you intended either that someone would be charged with a crime, or that the evidence would be wrongly be produced as genuine in a legal proceeding.
For example, if you are involved in a nasty divorce battle with your soon-to-be ex, you may decide to create evidence to show that he is neglectful or violent. If you do so — such as by punching a door in your house and then claiming that your ex did it — then you may be charged with evidence tampering.
For most people, tampering with evidence is a misdemeanor offense, punishable by up to 6 months in county jail and/or a fine of up to $1,000. However, for law enforcement officers, tampering with or planting evidence is a felony offense. If a police officer is charged with this crime, then they may be sentenced to anywhere from 1 year in county jail to 2 to 5 years in state prison.
There are many possible defenses to an evidence tampering charge that your criminal defense lawyer in Orange County, CA may be able to use. For example, if you simply made a mistake, then you didn’t act willfully or intentionally. The allegations against you may also be false. This is a strong possibility if someone accuses you of planting evidence against them, as you likely already have a bad relationship with that person. A thorough investigation may reveal that the accusation is false.
If you have been accused of planting or tampering with evidence, you will need a skilled criminal defense lawyer in Orange County, CA to defend you against these serious charges. At the Chambers Law Firm, we have experience representing clients who have been charged with all types of criminal offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
