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:
- willfully destroy or conceal evidence, and
- do so when the evidence is to be produced during a legal proceeding.
The criminal laws of most states say that the destruction of evidence is a misdemeanor offense. The crime is typically punishable by:
- custody in county jail, and/or
- a fine.
1. When can you be charged with destroying or concealing evidence?
Most jurisdictions say that you can face destruction of evidence charges if:
- you willfully destroy, alter, erase, or conceal “evidence,”
- do so knowing that the evidence is to be produced during a legal or court proceeding, and
- do so with the intent to prevent the evidence from being produced.1
Given the above elements, questions often arise as to the meaning of:
- willfully,
- evidence, and
- legal proceeding.
2. What does it mean to act willfully?
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.
3. What is “evidence”?
“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:
- witness testimony,
- records,
- documents,
- concrete objects (like a murder weapon),
- DNA,
- text messages,
- video recordings,
- emails,
- hard drives, and
- vehicles.4
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.
4. What is a legal proceeding?
The term “legal proceeding” can refer to a variety of different proceedings.
Examples include:
- a criminal investigation by law enforcement officers/police officers,
- a criminal trial,
- a civil trial, and/or
- an inquiry.
5. Is the destruction of evidence the same as the crime of obstruction of justice?
Generally, no. In contrast to the destruction of evidence, many states say that the obstruction of justice refers to the crime where you:
- knowingly try to obstruct, delay, or prevent the communication of information to the police, and
- do so when the information is regarding the commission of a crime.5
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:
- tampering with evidence,
- preparing false evidence, or
- resisting or obstructing a police officer.
6. Can a criminal defense attorney help?
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:
- ensuring that you are released on your own recognizance or bail following an arrest,
- appearing for court hearings on your behalf,
- filing for an expungement if you are convicted of a crime, and
- helping you raise a legal defense to contest a criminal charge.
Common defenses to destruction of evidence charges include showing that:
- there was a mistake of fact,
- police arrested you without probable cause, and/or
- you did not destroy evidence on purpose.
Note that a strong defense is one that casts a reasonable doubt on any charges filed.
Legal References:
- See, for example, California Penal Code 135 PC.
- Black’s Law Dictionary, Sixth Edition – “Willful.”
- Black’s Law Dictionary, Sixth Edition – “Evidence.”
- See same.
- See, for example, Arizona Revised Statutes 13-2409.
