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.
Penalties
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.
Arrested? Don’t Plea, Call Me!
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.
As an experienced criminal defense attorney we can review the facts of your criminal case, investigate the charges against you, and develop a strong defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
In addition, we can provide you with information about the potential indecent exposure consequences of a conviction, including the possibility of jail time, fines, and other penalties, and work to minimize the impact of the charges on your life and future.
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.