Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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You deleted a text message string that involved a contract you entered into on a business deal. Your deletion took place during a civil lawsuit brought by the other party to the contract. Could your deletion result in criminal charges?
Maybe. You could face destroying evidence charges if you:
The criminal laws of most states say that the destruction of evidence is a misdemeanor offense. The crime is typically punishable by:
Most jurisdictions say that you can face destruction of evidence charges if:
Given the above elements, questions often arise as to the meaning of:
You typically commit an act “willfully” if you perform the act voluntarily and/or intentionally.2
Given this definition, it is always a defense to a destruction of evidence charge if you destroyed evidence on accident or inadvertently.
For example, you will likely not be charged with a crime if you mistakenly discarded or altered pieces of physical evidence. But you will be charged with a crime if you erased or destroyed certain evidence with a purposeful intent to do so.
“Evidence” generally refers to any object or item that a party to a legal proceeding offers in order to prove an alleged fact.3
Evidence can include things like:
If you happened to alter or erase something related to an official proceeding that is not “evidence,” you will not usually face a criminal case.
The term “legal proceeding” can refer to a variety of different proceedings.
Examples include:
Generally, no. In contrast to the destruction of evidence, many states say that the obstruction of justice refers to the crime where you:
Note, though, that some states do not recognize a specific offense of obstruction of justice. In these jurisdictions, obstruction of justice might refer to the more specific acts of:
Yes. If you are facing criminal charges of destroying evidence, it is wise to seek legal advice from a law firm or criminal defense lawyer.
A defense attorney can help by:
Common defenses to destruction of evidence charges include showing that:
Note that a strong defense is one that casts a reasonable doubt on any charges filed.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.