Tampering with Evidence in Florida
Tampering with Evidence is a Third Degree Felony.
In Florida, Tampering with Evidence is committed when a person with knowledge of an ongoing criminal investigation destroys evidence in order to impair its availability for use in the investigation.
Definition of Tampering with Evidence
Under Florida Statute 918.13, the crime of Tampering with Evidence is committed when a person, knowing that a criminal trial, proceeding, or law enforcement investigation is pending or instituted, either:
- Alters, destroys, conceals, or removes any record, document, or thing with the purpose to impair its verity or availability in such trial, proceeding or investigation; or
- Knowingly creates, presents, or uses any false record, document, or thing.
Penalties for Tampering with Evidence
The crime of Tampering with Evidence is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and $5,000 in fines.
Tampering with Evidence is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Tampering with Evidence to probation, but may also impose a sentence up to the statutory maximum of five (5) years in prison.
Defenses to Tampering with Evidence
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Tampering with Evidence include:
Removing from Body
Discarding evidence from one’s person, such as throwing drugs on the ground when police are approaching, does not constitute the crime of Tampering with Evidence.
Rather, to constitute Tampering with Evidence, some action must be taken that is designed to actually alter or destroy the evidence rather than just remove it from one’s person. [1]
Unofficial Investigation or Proceeding
A person does not commit the crime of Tampering with Evidence if they tamper with evidence used in an unofficial investigation or proceeding, such as a disciplinary investigation being conducted by a school. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Tampering with Evidence in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.