Penal Code 135 PC – Destroying or Concealing Evidence

Is it a crime to destroy or conceal evidence? (Penal Code 135)

Can you go to jail for destroying evidence? In some cases yes, as the former prosecutor explains in this video. California law in Penal Code 135 makes it a misdemeanor crime to destroy or conceal evidence. This apples if you knew the evidence was going to be used in a lawsuit, court case, prosecution or investigation, and you concealed or destroyed the evidence willfully (as opposed to accidentally). Penal Code 135 makes this a misdemeanor. A conviction carries a penalty or sentencing of up to 6 months in the county jail. Here, a former Los Angeles deputy district attorney — now a criminal defense lawyer — explains the laws, penalties and potential legal defenses. More info at http://www.shouselaw.com/destroying-concealing-evidence.html or call (888) 327-4652 for a free consultation.


Penal Code
135 PC is the California statute that makes it a crime for a person willfully to destroy or hide any evidence in a legal proceeding. This section is a misdemeanor and can carry penalties of up to 6 months in county jail

135 PC states that:

“A person who, knowing that any book, paper, record, instrument in writing, digital image, video recording owned by another, or other matter or thing, is about to be produced in evidence upon a trial, inquiry, or investigation, authorized by law, willfully destroys, erases, or conceals the same, with the intent to prevent it or its content from being produced, is guilty of a misdemeanor.”

Examples

  • Shoplifting a sweater, but then throwing it in a dumpster two days later after learning of an investigation.
  • Deleting incriminating files from a computer's hard drive during a criminal fraud trial.
  • While on trial for DUI, deleting several photos from one's phone that show the person drunk with friends hours before his arrest.

Defenses

A defendant can raise a legal defense to challenge accusations of destroying evidence. Some common defenses include:

  • no willful act,
  • no evidence, and
  • no legal proceeding.

Penalties

A violation of 135 PC is charged as a misdemeanor. This is opposed to a felony or an infraction.

The offense is punishable by:

  • custody in county jail for up to six months, and
  • a maximum fine of $1,000.

A judge may grant misdemeanor (or summary) probation instead of jail time.

In this article, our California criminal defense attorneys will discuss:

man burning paper evidence as an example of 135 PC
Penal Code 135 PC makes it a crime to destroy or conceal evidence that you know is relevant to a legal proceeding

1. When is destroying evidence a crime?

Penal Code 135 PC is the California statute that makes it a crime for a person to destroy or hide evidence.

A prosecutor must prove three things to convict a person of this offense. These are:

  1. the defendant acted willfully and knowingly,
  2. the accused destroyed or concealed any evidence, and
  3. the defendant did so during a legal proceeding.1

Willfully” means with a purpose or intention to commit a criminal act – in this case, destroying evidence.2

Knowingly” means that a defendant knew that the object he destroyed or concealed was going to be used as evidence.3

Example: If Lisa destroys pictures of a dented car, she is only guilty of a crime if she knew that they were going to be introduced during a trial.

A “legal proceeding” includes:

  • a trial,
  • an inquiry, and
  • an investigation.4

Note that the purpose of this statute is to prevent the obstruction of justice.5

2. Are there legal defenses?

There are defenses to accusations of destroying evidence.

Three common defenses are:

  1. no willful act
  2. no evidence, and/or
  3. no legal proceeding

2.1. No willful act

An accused is only guilty under this code section if he willfully destroyed or concealed evidence. This means it is a legal defense for an accused to show that he did not act willfully. It might be the case that the person damaged evidence on accident.

2.2. No evidence

A defendant is only guilty of violating this law if he destroyed or concealed evidence. It is a defense then to show that the object the accused destroyed was not “evidence.”

Example: If Marcus threw out a receipt, he is not guilty of a crime if the receipt was not going to be used as proof of anything in a legal proceeding.

2.3. No legal proceeding

There must be a legal proceeding for a person to be guilty under PC 135. A defense, therefore, is for the accused to show that there was no active legal proceeding at the time he destroyed or concealed evidence.

man behind bars
A violation of this crime can result in a fine and/or jail time

3. What are the penalties?

A violation of 135 PC section is a misdemeanor.6

The offense is punishable by:

  • imprisonment in county jail for up to six months, and
  • a maximum fine of $1,000.7

4. Are there immigration consequences?

A PC 135 conviction will generally have no negative immigration consequences.

United States immigration law says that certain kinds of criminal convictions can lead to:

However, a violation of this statute is not one of these types of convictions.

5. Can a person get a conviction expunged?

A person convicted of this 135 PC is entitled to an expungement provided that he:

  1. successfully completes probation, or
  2. completes a jail term (whichever is relevant).

If a party violates a probation term, he could still possibly get an offense expunged. This, though, is in the judge's discretion.

Under Penal Code 1203.4, an expungement releases an individual from virtually "all penalties and disabilities" arising out of the conviction.8

6. Does a conviction affect gun rights?

A conviction does not affect the convicted party's gun rights.

Some California criminal convictions will result in the defendant losing his rights to own a gun.

Some misdemeanors may even carry a 10-year firearm ban.

But a conviction for destroying evidence will not produce these results.

7. Are there related offenses?

There are three laws related to destroying evidence. These are:

  1. offering false written evidence – PC 132
  2. preparing false evidence – PC 134, and
  3. planting evidence – PC 141.

7.1. Offering false written evidence – PC 132

Penal Code 132 PC makes it a crime for a person to present:

  • fake,
  • forged, or
  • incorrectly dated

written evidence in any kind of legal proceeding.

Note that this law covers the illegal presentation of evidence.

7.2. Preparing false evidence – PC 134

Penal Code 134 PC makes it a crime for a person to:

  1. prepare any false evidence, and
  2. do so with the intent of presenting it in some sort of legal proceeding.

While PC 132 pertains to written evidence, this law extends to all kinds of evidence.

7.3. Planting evidence – PC 141

Under Penal Code 141 PC, it is a crime for someone to:

  1. move or alter evidence, and
  2. the result is that someone else gets wrongfully charged with a crime.

Unlike PC 135, this code section does not involve hiding evidence. Rather, it addresses the moving or altering of evidence.

For additional help...

california criminal defense attorneys

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. 

For similar accusations in Nevada, please see our article on “Nevada ‘Destroying Evidence' Laws (NRS 199.220).”


Legal References:

  1. California Penal Code 135 PC.

  2. California Penal Code 7.

  3. People v. Prysock (1982) 127 Cal. App. 3d 972.

  4. California Penal Code 135.

  5. People v. Hill (1997) 58 Cal. App. 4th 1078.

  6. California Penal Code 135.

  7. California Penal Code 19.

  8. California Penal Code 1203.4.

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