When we get in trouble with the law, it can be tempting to get rid of the evidence that the police will be using to secure our prosecution. This is especially true when we are facing the possibility of jail time or large fines.
But destruction of evidence in Okmulgee, Oklahoma is a crime in and of itself and can lead to increased jail time and fines.
Every jurisdiction has laws that prevent the tampering, spoliation, or destruction of evidence. Evidence is the bedrock of proof in the court system. As such, we as a society must protect its integrity in the court process. One of the foremost ways of doing that is to criminalize its tampering and destruction.
Destruction of Evidence in Oklahoma
Knowingly destroying evidence that is to be used as part of a pending litigation, whether civil or criminal, is a crime, and chargeable as a misdemeanor.
In order to be convicted of destruction of evidence in Okmulgee, a prosecutor must prove, beyond a reasonable doubt, that all of the following elements have happened:
1) you willfully;
2) destroyed a writing, paper, book, record, or any matter or thing;
3) knowing that it would be used as evidence in a court case, trial, or legal proceeding or investigation;
4) with the intent to prevent the thing destroyed from being used as evidence.
Okla. Stat. tit. 21 § 454
Defenses
Since all elements of the crime must be met, facts that mitigate against any of the elements provides a defense against destruction of evidence charges in Oklahoma.
If you are unaware that you destroyed the evidence, that mitigates against the first element of willfulness. If you are unaware that the item destroyed was to be used as evidence, that mitigates against the third and fourth elements of the crime and provides a full defense.
Penalties
Destruction of evidence is chargeable as a misdemeanor offense, and punishable by up to one year in jail. This would be in addition to any punishment for the underlying crime for which you destroyed the evidence.
Anything that threatens your freedom should be taken seriously. In addition, the very evidence that you seek to destroy may actually end up helping your case.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or a loved one needs to speak with an Okmulgee criminal defense attorney regarding a destruction of evidence charge in Oklahoma, call 918-756-9600 now for a low-cost consultation.
Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.
