If you are accused of a crime, you could end up destroying “evidence” without even knowing it. While destroying evidence is a serious crime, it is also a crime many people have questions about. Keep reading to get your answers or contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with an experienced attorney.

When is it Illegal to Destroy Evidence of a Crime?

There are three elements that must be present for it to be against the law for you to destroy evidence of a crime. First, you must have acted willfully and knowingly. Second, you must have actually either destroyed or concealed the evidence. Finally, the destruction or concealing must have been done while legal proceedings were pending.

What Does it Mean for a Criminal Act to Be Willfully or Knowingly Committed?

When the court uses the term “willful” they are referring to the presence of an intention to commit a criminal act. When they use the term “knowingly,” they are referring to the fact that the defendant knew that the object they destroyed was going to be used as evidence in a criminal case.

What Legally Constitutes a Legal Proceeding?

The purpose of the statute is to prevent the obstruction of justice. As a result, a legal proceeding can refer to any step in the process starting at an inquiry through to a trail. Essentially, if you know that there is an investigation going then there this meets the qualifications of a legal proceeding.

What Legal Defenses Are There?

There are a number of legal defenses. The right one for your case will depend on numerous factors. We may argue that there was no willful act. Remember that you are only guilty if you willfully destroyed or concealed the evidence. If you did so accidentally then it is not a crime. We may argue that the object that was destroyed or concealed was not actually evidence in the case.

Remember as well that there must be a legal proceeding underway. We may argue that there was no legal proceeding and therefore it was not illegal to get rid of the evidence. Finally, we may argue that you did not destroy or conceal the evidence in the first place.

What Are the Potential Punishments for Destroying Evidence?

This is a misdemeanor charge and as such the maximum time in jail is six months. You could also face fines of up to $1,000. When you work with a criminal defense attorney, we will review the options and help get the charges dropped or reduced if possible. Call Law Office of Michael L. Fell now at (949) 585-9055 for a free legal consultation.