Any individual who is under investigation or has been charged with tampering with or fabricating physical evidence face serious penalties. Conviction for tampering with evidence can result in a high-level misdemeanor, and if aggravating factors are present it could even be enhanced to a felony. That means you could be sentenced to time in prison as well as pay thousand-dollar fines and court fees.
If you or someone you know has been charged with tampering with evidence, it’s imperative you seek a criminal defense attorney as soon as possible. A criminal defense attorney who is well-versed in obstruction of justice laws can assess your case and find the holes in the prosecution’s argument. They can then start building a sturdy defense for you, so you can feel prepared and confident when you enter the courtroom.
Austin Evidence Tampering Attorney in Texas
Fabricating or tampering with the evidence involved in a crime can turn a simple misdemeanor into a felony-level case. Oftentimes the people who commit these crimes don’t even know that their actions could result in an additional criminal charge. If you have found yourself charged with tampering with evidence, we implore you to seek experienced legal representation.
Kevin Bennett of The Law Office of Kevin Bennett has been practicing law in the Austin, Texas area for years. He has a thorough understanding of the Texas Code of Criminal Procedure as well as fraud/obstruction laws. With his knowledge and years of experience, you can expect to receive excellent legal counsel from The Law Office of Kevin Bennett. To set up your first consultation, call The Law Office of Kevin Bennett at (512) 476-4626. From there, we will set up your first consultation free.
The Law Office of Kevin Bennett accepts clients throughout the greater Austin metropolitan area including Lakeway, Pflugerville, Bee Cave, Lago Vista, Del Valle, and Jonestown.
Overview of Tampering with Evidence in TX
- What is Tampering with or Fabricating Physical Evidence in TX?
- Is Tampering with Evidence a Felony in Texas?
- Statute of Limitations for Tampering with Evidence
- Additional Resources
What is Tampering with or Fabricating Physical Evidence in TX?
To protect the course of justice, the state of Texas has implemented laws to punish those who tamper or fabricate physical evidence. The crime can be found under the Texas Penal Code Section 37.10, which states you’re guilty of tampering with evidence if you do the following:
- Alter, destroy or conceal any record, document or thing intentionally to impair its legibility, availability, or verity as evidence in an investigation or official proceeding;
- Present, use or make a record, document or other writing with knowledge it’s false and intent to affect the course or outcome of an investigation or official proceeding
- With the knowledge a crime was committed, alter, destroy or conceal any record, document or writing with intent to impair its verity, legibility or availability of evidence in any subsequent investigation of or official proceeding related to the offense;
- Observe a human corpse under circumstances in which a reasonable person would believe that a crime had been committed, knows or reasonable should know that law enforcement isn’t aware of the corpse’s location, and then fails to report the corpse and its location to the local police
The crime doesn’t apply if you are authorized to keep the record, document or writing concealed.
Is Tampering with Evidence a Felony in Texas?
Depending on the circumstances of the case, yes tampering with evidence can be charged as a felony. Not reporting a human corpse to the local police is a class A misdemeanor, which can result in the following penalties:
- Up to one year in jail; and
- A fine of up to $4,000
Concealing, altering, destroying or fabricating physical evidence will result in a third-degree felony, which is punishable by:
- Up to 10 years in prison; and
- A fine of up to $10,000
Tampering with evidence can be enhanced to a second-degree felony if it’s proven that the evidence altered, destroyed or concealed was a human corpse. The penalties surrounding a second-degree felony include the following:
- Up to 20 years in prison; and
- A fine of up to $10,000
Statute of Limitations for Tampering with Evidence
It’s important to understand the statute of limitations for your crime while building your defense. A statute of limitations is simply a time limit for the prosecutor to file formal charges against you for a specific crime. Once that statute of limitations is up, then the prosecutor will no longer be able to file criminal charges against you for that crime.
The statute of limitations for tampering with or fabricating evidence depends on whether it’s charged as a felony or a misdemeanor. If it’s a misdemeanor, then you should expect the statute of limitations to be up to two years. For a felony, the statute of limitations will be capped at three years. However, if you committed certain crimes in conjunction to tampering with evidence, then you may face a longer statute of limitations.
Additional Resources
Texas Evidence Tampering Laws – Visit the official website for the Texas Penal Code to learn more about the consequences for fabricating or tampering with evidence. Access the site to learn the elements of the crime, admissible defenses and other related obstruction crimes.
Texas Penal Code Written for Law Enforcement – Visit the official website for National Criminal Justice Reference Service (NCJRS) to read their summary on the Texas Penal Code in reference to police officers. Access the document to read more up on tampering with evidence, what happens to officers careers who do fabricate or alter evidence and the penalties for doing so.
Tampering with Evidence Attorney in Austin, Texas
If you or someone you know has been charged with tampering or fabricating evidence, it’s crucial you seek a criminal defense lawyer who can have your back. Find that attorney today by calling Austin criminal defense attorney Kevin Bennett at The Law Office of Kevin Bennett. He has been practicing criminal law for years and will work tirelessly to ensure you have the best defense possible for your case.
Call The Law Office of Kevin Bennett now at (512) 476-4626 to set up your first consultation free of charge. The Law Office of Kevin Bennett can examine your case, determine a strong argument for defense and represent you in court. The Law Office of Kevin Bennett accepts clients throughout the greater Austin and Travis County area including Lago Vista, Pflugerville, Lakeway, Bee Cave or Rollingwood.
