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What Qualifies as Evidence Tampering?

What Qualifies as Evidence Tampering?

Tampering with or fabricating physical evidence is a criminal act in Texas. Under Texas law, it is a felony offense that can result in severe penalties, including imprisonment and fines. The severity of the punishment depends on the nature and severity of the underlying offense.

Tampering with or fabricating physical evidence can undermine the justice system and threaten the rights of innocent people. Therefore, it is crucial to uphold the law and hold those who commit such acts accountable for their actions.

What Qualifies

In Texas, tampering with evidence refers to any intentional or knowing act of destroying, altering, concealing. Or falsifying physical evidence with the intent to impair its availability, use, or truth in an official proceeding.

Examples of actions that can qualify as tampering with evidence include:

  • Destroying or altering physical evidence, such as a weapon or a document. To conceal it from the authorities or change its appearance
  • Hiding or concealing evidence to prevent it from being discovered or used in a legal proceeding
  • Falsifying evidence, such as fabricating a document or recording, to mislead investigators or distort the truth of a case

It’s important to note that tampering with evidence can occur at any point in the legal process. Including during an investigation, trial, or appeal. It’s also important to recognize that even attempting to tamper with evidence is considered a criminal offense in Texas.

Law about Tampering With Evidence

In Texas, tampering with evidence is a criminal offense punishable under Section 37.09 of the Texas Penal Code. The law states that a person commits an offense of tampering with evidence if he or she knowingly alters, destroys, or conceals any record, document, or physical object with the intent to impair its availability or truth in any official proceeding.

Sanciones

Below are some penalties for tampering with evidence in Texas:

  • Tampering with evidence related to a misdemeanor offense is considered a Class A misdemeanor. Additionally, punishable by up to one year in jail and a fine of up to $4,000.
  • Tampering with evidence related to a felony offense is considered a third-degree felony. Therefore, punishable by two to ten years in prison and a fine of up to $10,000.
  • If the tampering of evidence results in the wrongful conviction or punishment of an innocent person. The offender can be charged with a second-degree felony. Punishable by two to twenty years in prison and a fine of up to $10,000.

It’s important to remember that these penalties can vary depending on the specific circumstances of the case. It’s always advisable to consult with an experienced criminal defense attorney to understand your legal options and protect your rights.

What if Tampering with Evidence was an Accident

Even if the tampering or destruction of evidence was accidental, it may still be considered a criminal offense under Texas law. The key factor in determining whether a person committed tampering with evidence is the intent behind their actions. If it can be proven that the individual knowingly or intentionally tampered with or destroyed evidence with the intent to impair its availability, use, or truth in an official proceeding, then they can be charged with a crime.

However, if the tampering or destruction of evidence was truly accidental. Meaning it was not done intentionally or knowingly, then it may be possible to mount a defense against the charges. An experienced criminal defense attorney can review the details of the case and work to present evidence that the tampering or destruction of evidence was accidental and not done with the intent to impair its availability, use, or truth in an official proceeding.

¿Arrestado? No se declare, ¡llámeme!

If you are facing tampering with evidence criminal charges it is highly recommended that you seek the assistance of an experienced criminal defense lawyer. A criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.

Como abogado con experiencia en defensa criminal podemos revisar los hechos de su caso criminal, investigar los cargos en su contra, y desarrollar una fuerte estrategia de defensa adaptada a su situación específica. Así como negociar con la fiscalía en su nombre y abogar por sus derechos e intereses en los tribunales.

Además, podemos proporcionarle la información sobre las consecuencias potenciales de la exposición indecente de una convicción, incluyendo la posibilidad del tiempo de la cárcel, de multas, y de otras penas, y del trabajo para reducir al mínimo el impacto de las cargas en su vida y futuro.

Overall, the criminal law justice system can be complex and intimidating, and having an experienced criminal defense lawyer on your side can make a significant difference in the outcome of your case.