Hindering the duties of law enforcement and other public safety officials is considered obstruction of justice. One of the most common types of obstruction of evidence is tampering with evidence.
Tampering with evidence is a criminal offense. Under Georgia law, obstruction of justice is typically charged as a misdemeanor crime. The penalties include fines of up to $1,000 and up to one year in jail.
In more serious cases, such as when you are accused of threatening or committing a violent act against a police officer, obstruction of justice may be charged as a felony crime. This involves additional fines and court costs, as well as a potential prison sentence of up to five years.
If you are unsure whether your actions could be considered tampering with evidence, it's important to consult with a legal professional for advice. Here’s what you need to know.
What the Law Says
Tampering with evidence in Georgia is defined under Ga. Code § 16-10-94. The law states that a person is considered to be tampering with evidence when they knowingly alter, destroy, conceal, or disguise physical evidence. If they devise, make, prepare, or plant false evidence, this is also considered tampering with evidence under state law.
Types of Evidence Tampering
Evidence tampering can happen in several ways. Some examples include:
- Altering documents or objects. This involves changing, modifying, or manipulating documents, photos, or physical objects that could be used in an investigation. It could also mean editing digital files or metadata to obscure the original content.
- Destroying evidence. This includes deleting files, shredding documents, burning items, or otherwise permanently eliminating evidence. It could also include erasing digital records like text messages, emails, or browsing history to prevent their use in legal matters.
- Hiding or concealing evidence. This involves physically hiding or moving items or data so they cannot be found by investigators. It also means withholding important information or evidence that you're aware of.
- Fabricating evidence. This involves creating fake evidence such as forged documents, altered photos, or false digital records to mislead an investigation. It also includes presenting information or objects as evidence that are not genuine.
- Encouraging others to tamper. Even if you don’t tamper with evidence yourself, if you instruct or convince someone else to destroy, hide, or alter evidence, you could face criminal charges.
- Obstructing investigations. This means taking actions specifically aimed at interfering with an ongoing investigation, such as preventing others from sharing or presenting evidence.
Contact Our Georgia Criminal Defense Lawyer Today
Tampering with evidence is considered obstruction of justice in Georgia, which can be a misdemeanor or felony crime, depending on the severity.
If you have been accused of tampering with evidence, seek legal help from the Georgia criminal defense lawyers at Ghanayem & Rayasam. We will work diligently on your behalf to get your charges reduced or dropped altogether. To schedule a consultation, fill out the online form or call (404) 561-0202.