Criminal Defense Tampering with or fabricating physical evidence

On Behalf of | Mar 20, 2018 | Criminal Defense

One crime of dishonesty which can be found in the realm of criminal defense is the charge of Tampering or fabricating physical evidence. This charge can be found in Title 18 of the Pennsylvania Crimes Code and in section 4910. The crime typically is used by law enforcement to charge individuals who interfere with an investigation in serious crimes such as Murder or Rape. In order to be found guilty of this crime the government must prove the following criminal elements beyond a reasonable doubt:

•1) That the defendant reasonably believed that he was being investigated for a crime or that an investigation would be pending at some point: and

•2) Believing the above, the defendant alters or destroys or hides or moves any document or thing with the intent to interfere with the government from conducting its investigation. Or

•3) Uses a document or thing or item to mislead the police or any other law enforcement agency in conjunction with their investigation

When it comes to Criminal defense and the charge of Tampering with or fabricating physical evidence the government has to show that the defendant is trying to interfere with the government’s investigation. The key element in defending this crime typically concern whether the defendant reasonably believed that destroying or hiding an item would interfere with an investigation that most likely hadn’t even begun at the time the crime was committed. Tampering with or fabricating physical evidence can be a fairly serious offense and is graded as a misdemeanor of the second degree and therefore punishable by a maximum of 2 years in state prison and a maximum $2,000 fine. Make sure to consult with or hire an experienced Chester County Criminal Defense Lawyer if you are being investigated for this crime of dishonesty.

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