Destroying Evidence Charges in California Federal Cases
Destroying Evidence Charges in California Federal Cases
Destroying evidence can get you in big trouble with the law here in California. I want to have an honest chat with you about what destroying evidence means legally speaking, and what the consequences are if you get charged. I know this stuff can be confusing, but I’ll try to break it down in simple terms.
Basically, destroying or concealing evidence is when someone intentionally gets rid of evidence to try to stop it from being used in a legal case against them. This could be anything from throwing away a murder weapon, deleting files off a computer, or hiding documents. The legal term for this is “Destruction of Evidence” and it’s illegal under California Penal Code 135 PC.
Now, there’s a couple things that are important to understand here:
- You have to knowingly destroy evidence that could be used in an investigation or legal proceeding against you. If you didn’t realize the item could be evidence, or you destroy it by accident, you’re probably in the clear.
- There has to be an active investigation or legal proceeding going on. If you throw away something suspicious before any investigation has started, it’s not considered destroying evidence.
- It doesn’t matter if the evidence is physical or digital – deleting incriminating files off your computer or destroying documents counts as destroying evidence.
The penalties if you’re charged with destroying evidence in California depend on whether it’s a misdemeanor or felony charge. For a misdemeanor, you could face up to 6 months in county jail and a $1,000 fine. For a felony, it’s 2-4 years in state prison and a fine up to $10,000. Yikes!
Some good defenses your lawyer could use if you’re charged include:
- You didn’t realize the item was potential evidence at the time
- The evidence was destroyed accidentally
- There was no active investigation or legal proceeding at the time
- The evidence was not material to the case against you
The bottom line is you don’t want to mess around when it comes to destroying evidence. Even if charges don’t stick, it can make you look super suspicious to police and prosecutors. Your best bet is to get advice from a criminal defense lawyer if you find yourself in a situation where potential evidence could be destroyed. They can walk you through your options and make sure you stay on the right side of the law.
I hope this gives you a better handle on what destroying evidence means legally here in California. Let me know if you have any other questions!
References
Criminal Defense Lawyers. “Destroying or Concealing Evidence (PC 135) in Anaheim.” https://www.californiacriminaldefender.com/destroying-concealing-evidence-anaheim.html
FindLaw. “Tampering With Evidence.” https://www.findlaw.com/criminal/criminal-charges/tampering-with-evidence.html
Greg Hill & Associates. “If the Government Destroys Evidence, Is Dismissal Mandatory?” https://www.greghillassociates.com/if-the-government-destroys-evidence-is-dismissal-mandatory.html
Los Angeles Criminal Lawyer. “California Penal Code Section 135 PC: Destroying Or Concealing Evidence.” https://www.losangelescriminallawyer.pro/california-penal-code-section-135-pc-destroying-or-concealing-ev.html
Werksman Jackson & Quinn LLP. “Los Angeles Destruction of Evidence Defense Lawyers.” https://werksmanjackson.com/state-crimes/destroying-evidence.html