Destroying, altering, or removing evidence that may be used in an upcoming proceeding is considered tampering throughout the Denver area. Manipulating a smartphone or computer or deleting video recordings that may serve as evidence in a civil or criminal trial can lead to charges. Whether someone tries to cover up their criminal activity, hide something for a loved one, or implicate another who wasn't involved, tampering with physical evidence is serious. If you or someone you know is being accused of tampering with evidence, consult an experienced criminal defense attorney right away. Below we discuss tampering in greater detail and how we can help those facing allegations in Denver, Arapahoe, and Jefferson County.
Denver Tampering with Physical Evidence Law
Denver's tampering with physical evidence law prohibits altering or destroying certain items. CRS 18-8-610 is the criminal code that defines tampering with physical evidence throughout the state of Colorado. Someone commits this crime in Denver, Aurora, or Lakewood if they:
- destroy, remove, conceal, mutilate, or alter physical evidence,
- intending to impair its availability for an official proceeding,
- OR make, present, or offer false or altered physical evidence intending for it to be used in an official proceeding
Physical evidence itself often includes things like documents, recordings, and messages / emails. Tampering with electronic files or the devices they're stored on can quickly become legally problematic.
How Bad is Tampering with Physical Evidence in Colorado?
It's important to note that each tampering case is different. Therefore, penalties won't always look the same. Tampering with physical evidence is a class 6 felony throughout Colorado's many counties. A conviction can lead to:
- a prison sentence of 12 - 18 months,
- a maximum fine of $100K,
- 1 year of parole
A felony on your record can lead to additional hurdles as well. Trouble passing background checks for certain employment opportunities is common. Additionally, many rental applications for a house or apartment disqualify a felon for various periods of time after their conviction. Furthermore, defendants lose their ability to own or possess a firearm.
Experienced Criminal Defense Lawyers in Denver
The legal team at O'Malley and Sawyer, LLC has decades of combined experience representing clients throughout Colorado and our results stand alone. We encourage anyone facing allegations of tampering with evidence to exercise their right to remain silent and contact us for a free, confidential consultation. We will carefully analyze your unique case, as well as recommend next steps in your defense. Our affordable fees and flexible payment plans make skilled representation a reality in uncertain times.
Don't talk to the police about tampering with evidence - talk to us. O'Malley and Sawyer, LLC 303-830-0880
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