{"id":16938,"date":"2019-10-01T09:32:01","date_gmt":"2019-10-01T16:32:01","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?p=16938"},"modified":"2023-02-16T11:49:03","modified_gmt":"2023-02-16T18:49:03","slug":"tampering-with-evidence-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/tampering-with-evidence-arizona\/","title":{"rendered":"Tampering With Evidence Laws and Consequences in Arizona"},"content":{"rendered":"
Think back to when you were a child cartwheeling around the house, which inevitably led to breaking something important \u2014 a vase, picture frame, or worst of all, the family china set.\u00a0<\/span><\/p>\n You probably did your best to cover up the damage and hide the broken item, maybe even bribing (or threatening) your partner in crime not to tell your parents.\u00a0<\/span><\/p>\n No matter how good you were at covering your tracks, chances are your misdoings were quickly discovered by your parents. More importantly, your attempts to cover your tracks and bolster your alibi probably got you into more trouble than the original deed itself.<\/p>\n This common scenario is often repeated in adulthood. People make mistakes and instinctively try to cover up the damage or their involvement, only to find themselves in even more trouble.<\/p>\n Unfortunately, taking such actions to protect yourself from criminal charges \u2014 legally referred to as evidence tampering<\/a> or witness intimidation<\/a> \u2014 can carry dire repercussions. In some cases, you may be surprised to find that tampering with evidence can result in more severe legal penalties than the original crime.<\/p>\n While tampering with evidence is a serious criminal charge, the good news that an experienced criminal law attorney can help you fight the charge in court. The criminal charge is based on intentionally tampering with evidence, so if your attorney can effectively prove that you did not act with criminal intent, the charge may be dropped or dismissed.<\/p>\n Arizona\u2019s criminal code addresses the topic of evidence tampering in ARS 13-2809<\/a>. The statute presents three examples of tampering with physical evidence:<\/p>\n Note that evidence tampering charges apply to any official proceeding, including current proceedings, pending cases, and even situations where the defendant knows a future proceeding is imminent. \u00a0 \u00a0<\/span><\/p>\n In Arizona, tampering with evidence is a class 6 felony. While this is the least serious felony under Arizona law, it still carries a maximum prison sentence of 1.5 years for first-time offenders<\/a>, and up to 4.5 years for repeat offenders<\/a>.<\/p>\n Arizona law also allows the judge to impose a fine of up to $150,000 for felony convictions (ARS 13-801<\/a>).<\/p>\n The best legal defense against evidence tampering charges (outside of proving you\u2019re genuinely innocent) is to prove that you did not act with criminal intent. In other words, you\u2019ll need to convince the prosecutor or judge that you weren\u2019t consciously trying to tamper with evidence when you took the actions in question.<\/p>\n For example, let\u2019s say you\u2019re being charged with a financial crime. In such a case, deleting case-related files from your computer and shredding important documents pertaining to the case could be considered tampering with evidence.<\/p>\n However, if you regularly shred financial documents and remove sensitive files from your computer \u2014 and, more importantly, you can prove that you do this with all of your clients \u2014 then you may be off the hook for evidence tampering. Yes, your actions directly impacted the case against you, but your actions were clearly part of an established, regular protocol.<\/p>\n In cases where you can\u2019t get the evidence tampering charges against you dropped or dismissed, the better strategy may be to negotiate with the prosecutor to reduce the charge. Fortunately, Arizona law allows class 6 felonies to be reduced to a class 1 misdemeanor under certain conditions (ARS 13-604<\/a>).<\/p>\n Rather than facing significant prison time and fines for a class 6 felony, a reduced class 1 misdemeanor charge carries a maximum prison sentence<\/a> of six months, and a maximum fine<\/a> of $2,500.<\/p>\n The consequences for tampering with evidence depend on whether the charge carries the standard class 6 felony designation or the reduced class 1 misdemeanor designation.<\/p>\n For class 6 felonies, the standard consequence is one year in prison \u2014 though that could be reduced to a minimum sentence of six months. For class 1 misdemeanors, the consequences can include up to six months in jail and up to $2,500 in fines.<\/p>\n Of course, tampering with evidence can also have the unintended consequence of negatively impacting the criminal case against you. Evidence tampering often implies a presumption of guilt, which will weigh into the judge or jury\u2019s final verdict against you. \u00a0<\/span><\/p>\n Destruction of evidence refers to any effort to physically eliminate the evidence against you. This may include deleting files from a computer, wiping a computer hard drive, shredding documents, or burning physical evidence.<\/p>\n Spoliation of evidence is a term that\u2019s often used during the discovery phase of a trial. It doesn\u2019t carry a criminal charge like evidence tampering, but it can have serious consequences and possibly result in sanctions against the defendant<\/a>.<\/p>\n Broadly speaking, spoliation of evidence occurs when a document or piece of information is required for discovery (during the pre-trial phase of a case), and is destroyed or significantly altered before being turned over to the court. In determining whether a defendant has committed spoliation of evidence, the court will evaluate whether the defendant acted negligently or intentionally.\u00a0<\/span><\/p>\n As is the case with evidence tampering, the best defense against spoliation of evidence charges is to prove that the defendant did not act with criminal intent. In this case, you\u2019ll also have to prove that you didn\u2019t act negligently or recklessly \u2014 meaning even if you didn\u2019t know what you were doing was illegal, the court will assess whether the average person would have known that their actions were illegal.<\/p>\n Anytime you\u2019re facing criminal charges in Arizona, it\u2019s important to discuss your case with an experienced criminal law attorney<\/a> as soon as possible. Remember that you have the right to remain silent and the right to an attorney, and you should immediately exercise these rights when you\u2019re arrested.<\/p>\nWhat is considered tampering with evidence in Arizona?<\/h2>\n
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What is the penalty for tampering with evidence in Arizona?<\/h2>\n
How to Defend Yourself Against Evidence Tampering Charges in Arizona\u00a0<\/span><\/h2>\n
FAQs about Tampering with Evidence in Arizona<\/h2>\n
Q: What are the consequences for tampering with evidence?<\/h3>\n
Q: What does destruction of evidence mean?<\/h3>\n
Q: What does spoliation of evidence mean?<\/h3>\n
What to Do if You are Charged with Tampering with Evidence in Arizona<\/h2>\n