Destroying or Concealing Evidence PC 135 in Anaheim
According to California Penal Code 135, it is illegal to knowingly and willingly destroy or conceal evidence in an investigation, inquiry, or trial with the intention of preventing the evidence from being used in the prosecution of a criminal or civil court case.Important elements for a ‘Destroying or Concealing Evidence’ conviction
Therefore, the main elements that must be proved by the prosecution for a successful conviction to be made include:
- Knowingly and willfully destroying evidence, meaning that the offender has to know that the evidence could be used as evidence and the offender also needs to have the intention to destroy the evidence.
- Any type of evidence must be destroyed or concealed. This can include a legal document, drugs or drug paraphernalia, a weapon or anything material
- You must successfully or almost successfully destroy or conceal the evidence
- The destroyed or concealed evidence needs to be the subject of a legal proceeding, some of which may include:
- A criminal investigation before an arrest is made
- A civil or criminal trial
- A police investigation of illegal activity in a prison
- A parole violation hearing
The state of California and by extension, the city of Anaheim charges the crime of destroying or concealing evidence as a misdemeanor.
The penalties and punishment for the crime include a county jail sentencing of up to 6-months and/or a fine of up to $1,000.
If you are charged with Destroying or Concealing Evidence, it is critically important that you call a competent attorney who can defend you against the charges and possibly prevent the matter from getting on your record.
Call our law office to have your case evaluated by a defense lawyer now if you think you will be charged with destroying or concealing evidence.