Facing criminal charges for tampering with evidence in Brazoria County, TX, can feel like a very confusing and overwhelming process. You may not understand what qualifies as tampering with evidence or the types of penalties these charges could result in. If you find that you are facing these types of charges, you need to understand what this could mean for your situation and the possible defense strategies you could use.
If you are being charged with tampering with evidence in Texas, you need to hire a criminal defense attorney who can represent you and ensure your rights are upheld. At The Law Offices of Keith G. Allen, PLLC, we are committed to defending our clients in Brazoria County and ensuring you get a fair trial.
What Qualifies as Tampering With Evidence in Brazoria County, TX?
Tampering with physical evidence in Texas refers to the intentional or knowing act of altering, concealing, or destroying evidence. Tampering with evidence can also include falsifying physical evidence in the hopes of impairing its availability or its use in a criminal case.
It’s important to understand that tampering with evidence can be the result of tampering with evidence in your own case or in the case of another person. In many situations, you may not even realize that what you are doing is tampering with evidence or that it is a legal offense.
Some examples of tampering with evidence include things like:
- Destroying essential documents so that they cannot be used by the authorities.
- Hiding or changing the appearance of a weapon so that the authorities cannot find it.
- Falsifying evidence by creating fake documents in hopes of misleading investigators and distorting the truth.
- Hiding or concealing evidence that is needed in a legal proceeding.
- Not reporting a human corpse to law enforcement.
Something to keep in mind is that tampering with evidence can occur at any point throughout the legal process, not just at the beginning when evidence is being collected. Because of this, somebody could be accused of tampering with evidence during the investigation, during the trial, or at the appeal.
Tampering with evidence is a felony offense that can result in severe penalties in Brazoria County, Texas. If you are facing these charges, you need to hire a criminal defense attorney to represent you and ensure your rights are upheld throughout the process.
Penalties For Tampering With Evidence in Texas
Depending on the details of the tampering with evidence charges in Texas, this can result in a felony offense. Here is a breakdown of the penalties associated with tampering with evidence:
- Failing to report a human corpse to law enforcement is a class A misdemeanor, which can result in up to a year in jail and a fine of up to $4000.
- Concealing, destroying, altering, or fabricating physical evidence is a third-degree felony and can result in up to 10 years in prison and up to $10,000 in fines.
- A tampering with evidence charge can become a second-degree felony if it’s proven that the destroyed, altered, or concealed evidence was a human corpse. A second-degree felony can result in up to 20 years in prison and up to $10,000 in fines.
Statute of Limitations For Tampering With Evidence in Texas
Like the majority of criminal charges in Brazoria County, there is a statute of limitations for tampering with evidence. The statute of limitations will depend on whether the charges are a misdemeanor or a felony charge.
For misdemeanor charges, the statute of limitations is up to two years. For felony charges, the statute of limitation in most cases is three years. However, the statute of limitations can be longer. For instance, there is no limitation for tampering with a human corpse.
How to Beat a Tampering With Evidence Charge
The first thing you need to do if you are looking at a potential tampering with evidence sentence is hire a criminal defense attorney in Brazoria County. A defense attorney will be able to help you find the best defense strategy to fit the situation.
One of the best ways to avoid punishment for tampering with evidence is to show that there is a lack of intent. For these charges to stick, the act has to have been intentional and there has to be evidence to prove this. Your attorney may be able to provide evidence that shows that you were unaware that you were tampering with evidence and had no intention of actually committing a crime.
You may also not have known the evidence’s significance to the case. For instance, you may have thrown away documents thinking that they were not needed, destroying items but without the intent of destroying evidence. In other instances, a person may have tampered with evidence under duress or by force.
In other situations, your attorney may be able to prove that the search or seizure was invalid. Law enforcement may not have had probable cause for the search or seizure, which could result in the charges being dropped. Evidence may also be altered or damaged during the seizure or storage process from law enforcement, which could change the evidence against you.
Using a thorough defense strategy can result in you being able to avoid penalties altogether, or you may be able to get a lesser sentence. In some instances, you may be able to get probation for tampering with evidence instead of a harsher jail sentence.
For the Best Criminal Defense in Brazoria County, Contact The Law Offices of Keith G. Allen, PLLC
Being charged with tampering with evidence in Brazoria County can have a significant impact on your life, especially if these charges stick. Most people don’t understand the complexities around these types of charges, which can make it hard to know what your options are. At The Law Offices of Keith G. Allen, PLLC, we have extensive experience with criminal defense cases across Texas. We will represent you, ensure your rights are upheld, and find a defense strategy to get you the best possible outcome for your case. If you are looking for compassionate legal representation, contact us today at 832-230-0075 for a free consultation.
