The crime of destroying or concealing evidence is covered under California Penal Code Section 135. This law criminalizes individuals who willfully destroy or conceal evidence that is about to be produced in an investigation, inquiry, or trial.
Understanding the gravity of tampering with evidence, especially in the context of a legal investigation or a court case, is of utmost importance. While Penal Code Section 135 is not frequently prosecuted, it carries significant implications when charges are brought, typically arising from a criminal investigation or a pending family law issue.
It's important to note that you must know the evidence is going to be used as evidence against you, and you destroyed or concealed it “willfully,” meaning it was intentional. For example, if you own a business and are aware that there is an investigation for income tax fraud, and you destroy accounting records, you could face criminal charges under Penal Code 135.
Another example of when you could face charges of destroying or concealing evidence includes a situation where you intentionally conceal financial records that were to be used to determine alimony in a divorce case. Penal Code 135 can also apply to police officers or detectives who intentionally conceal or destroy evidence that might be favorable to a criminal defendant.
Evidence can encompass a wide range of items, from legal documents, photos, videos, and text messages to physical objects like drugs, drug paraphernalia, clothing, or weapons used in a crime. Financial records, computer files, or even a murder weapon or stolen property could also be considered as evidence under Penal Code Section 135.
If you find yourself accused of destroying or concealing evidence in violation of PC 135, seeking legal guidance is not just crucial, but necessary. Contact the experienced Los Angeles criminal defense lawyers at Eisner Gorin LLP to review your situation and understand your options. Remember, you're not alone in this.
What Does the Law Say?
California Penal Code 135 PC legally describes the crime of destroying or concealing evidence as "Anyone who knows that a paper, record, instrument, image, video recording, or other matter is going to be used as evidence in a trial or investigation, willfully and intentionally destroys, conceals, or erases with intent to prevent it from being used, is guilty of a misdemeanor crime."
As stated above, it's critical to note that in order for a prosecutor to obtain a conviction for destroying or concealing evidence, they must be able to prove, beyond any reasonable doubt, the “elements of the crime,” which include the following:
- You knew the evidence was going to be used in an investigation or legal court proceeding;
- You willfully and deliberately destroyed or concealed the evidence.
It should be noted that in order to be convicted, you must have been successful at destroying or concealing the evidence. If you attempted and failed to destroy evidence, it's not a crime.
Legal Proceedings
In most cases, merely attempting to commit a crime is not a crime. In order to violate Penal Code Section 135 PC, you must have destroyed or concealed evidence that is relevant to a legal proceeding, including the following:
- Police investigation of unlawful activity in jail,
- Criminal investigation that has yet to produce any arrests,
- Parole board or violation hearing,
- Criminal trial,
- Civil trial (family law, bankruptcy, etc.).
In many cases of destroying or concealing evidence, the prosecutor may face challenges in proving that you acted 'willfully and deliberately.'
What are the Penalties?
If a conviction is secured, the consequences are significant, including a misdemeanor offense and potential jail time of up to 6 months, along with a fine of up to $1,000. These penalties underscore the seriousness of the offense.
Additionally, a PC 135 conviction could lead to other penalties, such as probation, restitution, civil lawsuits, and immigration consequences, as it's considered a crime of moral turpitude.
A conviction could also have long-term effects on your reputation and future opportunities, including employment and housing.
It should be noted that a violation of PC 135 only applies to lawful legal proceedings, not to independent private investigations or proceedings.
It's critical to note here that if you are currently under a criminal investigation for destroying or concealing evidence, you should politely decline to answer any questions from police detectives.
What are the Related Crimes?
- California Penal Code Section 118 – Perjury,
- California Penal Code Section 132 – Offering False Evidence,
- California Penal Code Section 133 – Deceiving Witness to Affect Testimony,
- California Penal Code Section 134 - Preparing False Evidence,
- California Penal Code Section 141 – Planting Evidence.
What are the Defenses?
Our California criminal defense attorneys can utilize several common legal defenses for violating the destruction or concealment of evidence. The first step is a thorough review of all the facts and evidence in your case. Our attorneys will work to protect your rights and ensure that the prosecution meets its burden of proof. Some of the most common legal defenses include the following:
- Mistake of fact – As stated above, you can't be convicted of PC 135 unless it can be proven, beyond a reasonable doubt, that you knew you were destroying or concealing evidence that was going to be used in a legal proceeding. Our lawyers might be able to successfully argue that you didn't know the evidence was going to be used as part of some investigation or legal proceeding. In other words, you had a mistaken belief that the evidence you destroyed was not part of any legal proceeding. If we are able to cast some reasonable doubt on this critical element of the crime, you can probably avoid a criminal conviction.
- Evidence was not destroyed – As stated above, under California law and unlike most other California crimes or other states, you must have been successful in destroying or concealing the evidence in order to be found guilty of violating Penal Code Section 135. In other words, there is no crime if only an attempt were made, but unsuccessful. In some cases, our criminal attorneys may be able to demonstrate that the evidence was not actually destroyed or concealed, thereby preventing a conviction from being secured.
Suppose you are under investigation or already charged with destroying or concealing evidence in violation of California Penal Code Section 135. In that case, you need to contact the top-rated criminal defense lawyers at Eisner Gorin LLP. Our law firm has a proven track record of success and will aggressively advocate for the best possible outcome in your case.
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