Evidence is the foundation of all criminal trials and investigations in California. When such evidence is destroyed, concealed, or altered, the integrity of the whole justice process is undermined. This is why California law considers such actions seriously under Penal Code 135 PC. The law prohibits destroying or concealing evidence with the intent to knowingly and willfully obstruct a legal proceeding. Any attempt to tamper with possible evidence may result in criminal prosecution, be it a document, digital file, or tangible item.
These cases are vigorously prosecuted since destruction of evidence is considered an obstruction of justice. It prevents law enforcement from discovering the truth and weakens the justice of the law. When you are under investigation or are accused of destroying or hiding evidence, you are not only being charged with a misdemeanor but also with a system that is designed to defend the judicial process at any cost.
Call the Law Offices of Anna R. Yum in California to discuss your case. Our criminal defense team understands how to dispute these charges and defend your rights at each stage. Contact us today to get a confidential consultation in San Diego.
Understanding Penal Code § 135 PC
The destruction or concealment of evidence is specifically criminalized by California Penal Code 135 PC when you are aware that the evidence is likely to be used in a legal proceeding. According to the statute, whoever, knowing that any book, paper, record, instrument in writing, digital image, video recording, or other matter or thing is about to be produced in evidence upon a trial, inquiry, or investigation, willfully destroys or conceals such evidence shall be guilty of a misdemeanor.
What is Destruction or Concealment of Evidence?
You break PC 135 when you intentionally destroy, delete, conceal, or otherwise render unavailable evidence in a judicial proceeding. The most important factor here is intent: you have to have knowingly made intentional actions to ensure that the evidence was not found or presented.
For example, destroying or concealing evidence may include deleting files on a computer, flushing drugs down a toilet, or shredding documents after reading about an investigation. This law punishes even those actions that do not destroy the evidence physically, for example, concealing the evidence to make sure that the authorities do not find it.
Categories of Evidence Discussed
The law encompasses a broad scope of materials that may be used as evidence, such as:
- Tangible objects like weapons, clothes, or tools
- Digital data comprises files, text messages, and emails on electronic devices
- Videotapes or audiotapes
- Paper records, contracts, or letters
The evidence need not be connected to a specific crime when it is concealed. It suffices to be applied in an investigation, inquiry, or trial.
Scope of Legal Proceedings
The legal proceeding under PC 135 is not restricted to formal court trials. It includes:
- Law enforcement conducts criminal investigations
- Regulatory-initiated inquiries
- Court hearings, like trials and pre-trial hearings
That is, when you destroy or hide evidence with knowledge that any form of official investigation or legal proceeding is pending or is probable to be undertaken, you may be charged under this statute.
Elements that the Prosecution Must Prove
In order to prove that you are guilty of Penal Code 135 PC, the prosecution has to establish three elements beyond a reasonable doubt. These factors not only prove that evidence was tampered with but also that it was done with criminal intent and in relation to a legal proceeding.
- Willful and Knowing Act
The first element that the prosecution has to prove is that your actions were willful and knowing.
- Willfulness refers to the fact that you did not do it by accident or mistake. Accidental destruction or concealment of evidence is not punishable by the law.
- Knowledge is that you knew that what you destroyed, concealed, or altered was evidence that could be used in a judicial proceeding, whether the judicial proceeding had already been instituted.
For example, when you threw away documents without knowing that they were of any legal importance, you did not have the necessary willful intent. However, when you know that police are investigating and deliberately shred documents to prevent their detection, that is willful and knowing conduct.
- Destruction or Hiding
The second factor is that you destroyed or hid the evidence. The statute includes various acts that obstruct evidence, including:
- Erasing computer files
- Concealing tangible items
- Burning or shredding documents
- Destroying videotapes or pictures
Although the evidence may not be destroyed but only concealed, that may suffice for this element, provided that the aim was to prevent its production in the course of an investigation or trial.
- Relevance to a Legal Proceeding
Lastly, the prosecution has to demonstrate that the evidence was pertinent to a pending or expected legal proceeding.
This includes:
- Criminal investigations
- Court trials
- Legal investigations approved by law
You do not have to be completely aware of the charges or the kind of legal proceeding. Suffices that you were aware that the item was likely to be used as evidence in some form of legal proceedings.
Legal Defenses to PC 135 Charges
Lack of Willful Intent
Lack of willful intent is one of your best defenses when you have been charged with PC 135. Accidents and innocent mistakes are not punishable by the law. To prove guilt, the prosecution needs to demonstrate that you took an intentional action to ensure that evidence is not presented in a court of law.
For example, when you accidentally discard files during regular cleaning, you do not have the necessary knowledge and intent. Likewise, erasing emails or cleaning your computer to create space is not a crime as long as you do not know that the information is related to an investigation.
Your lawyer would point to the fact that the law requires demonstration of a willful, obstructive intent. In the absence of such intent, you cannot be convicted under PC 135. Unintentional activities or even honest mistakes are not criminal. This is the difference between an intentional act and an innocent mistake, which may be the only thing between a conviction and your acquittal.
No Evidence Was Involved
The other possible defense in PC 135 is the demonstration that the thing you destroyed or hid was not really evidence. The law is restricted to things that are directly connected to a legal proceeding. When you destroy personal receipts, random digital files, or photos that are not relevant to any investigation, you have not broken this statute.
To illustrate, if you disposed of items placed in your garage without knowing that your friend was being investigated, it would be unfair to argue that you obstructed justice. The prosecution should establish that the objects were evidence and that you were aware of their legal meaning.
Unless you have that connection to a formal investigation or trial, your actions are beyond the reach of the law. Your defense lawyer will be able to highlight this absence of nexus, which may destroy the case against you by demonstrating that discarding personal items in a normal way cannot be considered obstruction of justice.
No Ongoing Legal Action
It is not possible to be guilty under PC 135 when there was no legal proceeding, investigation, or inquiry at the time you acted. This law is not intended to punish you for destroying things when there is no formal procedure.
Imagine that you clear storage or delete messages without any idea about an investigation. Unless there is an ongoing or pending legal action, your action, even when later considered suspicious, is not criminal under this law.
There are cases when people are afraid that something could be used as evidence in the future, and destroy it beforehand. However, paranoia is not enough to cause a PC 135 violation. Prosecutors have to demonstrate that you acted knowingly and willfully in response to an existing or impending investigation. When the time of your actions is before any legal process, the defense can say that the charge is unfounded.
Mistake of Fact
An actual mistake of fact may be a formidable defense to a PC 135 charge. The law does not penalize innocent misconceptions that deny criminal intent. In case you destroyed or hid something with the wrong belief that it was not relevant, your actions were not willful as the law demands.
Take the case of shredding papers on the desk of your roommate, which you thought was junk mail but was connected to an investigation; you did not commit a crime. In the same way, the deletion of files to free space without prior knowledge of their legal importance does not satisfy the intent requirement of the statute.
In your defense, you can highlight that the prosecution should demonstrate that you were aware of the evidentiary nature of the item and that you did it with the intent of hindering justice. An honest mistake, supported by reliable evidence, may destroy the prosecution’s case and result in dismissal or acquittal.
Unlawful Search and Seizure
In the event that police infringed on your constitutional rights by conducting an unlawful search and seizure, any evidence that would have been used to support a PC 135 charge would be dismissed. Both the U.S. and the California constitutions limit the manner in which law enforcement may search your property or devices.
As an example, suppose the officers had gone into your house without a warrant and found evidence that had been destroyed; your lawyer might make a motion to suppress the evidence under PC 1538.5. When successful, the prosecution loses crucial evidence, which is usually fatal to their case.
This defense ensures that law enforcement does not violate the law. In case your rights to privacy were violated, the court can rule any evidence found inadmissible, and it will be much more difficult to convict the state. It is not only technical to protect your constitutional rights, but it can also be the key to overcoming a PC 135 charge.
Lack of Probable Cause
The absence of probable cause is a decisive defense against PC 135. Probable cause is the law that police must satisfy before they can detain, search, or arrest you. In its absence, any evidence they collect, including allegations of evidence destruction, can be questioned.
Consider a scenario where an officer stops you without reasonable suspicion, and then you are charged with deleting files on your phone. In the event that the stop was unjustified in itself, your attorney can claim that all that happened after that, including any PC 135 claims, is contaminated by that initial unlawfulness.
This defense compels the prosecutors to explain the actions of the police right at the beginning. In the event that the law enforcers are unable to come up with a reasonable cause, the court may either suppress the evidence or drop the charges altogether. In PC 135 cases, proving that the police had no lawful reason to target you can break the whole case.
Punishments for a Penal Code 135 Violation
In case you are accused of the offense under California Penal Code 135, you should be aware that it is a pure misdemeanor. Potential punishments are:
Imprisonment, 6 months maximum
If you are found guilty of destroying or hiding evidence under PC 135, you may be sentenced to county jail for not more than six months. The judges of California usually consider the facts of your case, your criminal record, and the effects of your actions on the integrity of the legal process.
Fines of up to $1,000
Besides the impending threat of being imprisoned, a conviction under Penal Code 135 may also result in you having to pay a fine of up to $1,000. The judges are allowed to decide the specific amount of the fine. Whether that decision is made usually depends on what kind of evidence you destroyed or hid and whether your actions materially interfered with the legal process.
Possibility of Misdemeanor Probation
Luckily, not all convictions according to Penal Code 135 lead to a jail term. The court, in most situations, particularly when it is the first time you are facing the law, may grant you misdemeanor probation or summary probation. This is a noncustodial alternative to imprisonment whereby you can serve your term under court supervision instead of being in jail, as long as you abide by certain conditions imposed by the judge.
The conditions of probation may be different but generally involve such conditions as reporting to a probation officer on a regular basis, participating in counseling or education programs, community service, and staying out of trouble. You can also be sentenced to pay restitution in case of a legal process or another party.
Expunging the Crime
If you are convicted of Penal Code 135, which is destroying or concealing evidence, expungement is a way to start a new life, but you should be eligible under Penal Code 1203.4. The court will not just clean your record at your request; you have to show that you have done everything you were supposed to do as a result of the conviction.
In order to be eligible for expungement, you should:
- Finish the probationary terms. In the event that the court gave you probation as opposed to jail time, you should have completed the probation without any violations or addressed any probation violations.
- Complete any given jail term. If you were not put on probation and spent time in the county jail, you should have served the whole sentence.
- Pay all fines, restitution, and court fees. Exemplary fines may make you ineligible for expungement.
- Prevent new criminal charges or convictions. You should not have any new charges or probation for another offense.
- Make sure you have an eligible offense. Certain convictions leading to state prison or those that involved some serious felonies are not eligible to be expunged.
Benefits of Expungement
After your conviction has been expunged under Penal Code 1203.4, the court reinstates your case, withdraws your guilty or no contest plea, and dismisses the case. This legal procedure implies that, in most practical terms, you are no longer convicted. Consequently, you will obtain several significant advantages:
- Most job applications allow you to say that you have not been convicted of a crime. This can go a long way in getting you a job, particularly in competitive areas.
- An expungement can show rehabilitation and can be beneficial to the licensing boards when you are seeking or renewing a state-issued professional license.
- Expungement of a criminal record will help you enhance your social status and reduce the stigma that usually comes with a criminal record.
- Landlords normally do background checks, and an expunged record can assist you in bypassing the automatic rejections that many applicants with convictions receive.
Being aware that there is no conviction on your record may be emotionally liberating and allow you to proceed with confidence.
Related Offenses
PC 132, Offering False Written Evidence
Penal Code 132 PC of California law regulates the crime of providing false written testimony in a court of law. According to this statute, it is a felony to present, with the intent that it be accepted as legitimate evidence in a court of law or other formal inquiry, written materials, whether forged, altered, or prepared fraudulently. One knows these materials are false or does not believe them to be true. The main difference here lies in the fact that there is a particular focus on written evidence rather than the broader scope of physical or digital evidence that PC 135 addresses.
Think of being in the trial and having to present a forged contract to influence the jury. Although the document may appear to be convincing, presenting it with the knowledge that it is inaccurate places you squarely in violation of PC 132. It is against the law to seek to contaminate the judicial system with forged writings, whether the lie is to your direct advantage or that of a third party.
PC 134, Preparing False Evidence
California law makes it a crime under Penal Code 134 PC to prepare false evidence to use in a legal proceeding. This statute is aimed at individuals who intentionally falsify or alter evidence to deceive a court, jury, or investigative agency.
The law is broad, and it applies to any action of creating, altering, or arranging documentation, digital files, physical evidence, or other materials with the express purpose of deceiving during a trial, inquiry, or investigation.
You should know that even though such evidence may never be presented in court, its preparation alone will be enough to make a person criminally liable under this section. It is the intent to deceive that counts, not whether the plan was successful.
This statute demonstrates the strong position of the state of California in the maintenance of the integrity of judicial proceedings. A conviction under this is a felony, with a maximum sentence of three years in a state prison, in sharp contrast to the misdemeanor offense under PC 135.
PC 141, Planting Evidence
California Penal Code 141 is a clear definition of the offense of planting evidence. It is against the law under this law to knowingly and willingly plant or tamper with evidence in a manner that might result in the wrongful conviction of a person.
This law not only penalizes the hiding or destruction of evidence, but it is also aimed at the wicked planting of false leads that are intended to frame the innocent or misdirect an inquiry.
In case you put illegal drugs in the car of another person or modify an item at a crime scene to make it look like another person did it. You may be charged with a serious felony under this law. The crime can be punished with up to five years in state prison. If you are a law enforcement officer, the punishment is even more severe because the consequences are much more severe when it comes to people in a position of trust.
Call a Criminal Lawyer Near Me
When you have been charged with a crime under Penal Code 135 PC of destroying or hiding evidence, it is essential to act quickly and obtain the services of a skilled attorney. Although it is a misdemeanor, a conviction can spoil your record and affect your prospects.
Fighting these accusations, you need a professional lawyer who is familiar with the specifics of the criminal justice system in California and can create a robust defense that will fit your situation. At the Law Offices of Anna R. Yum, we have defended hundreds of clients against obstruction-related charges and are ready to protect your rights at every stage. Secure your future and book a free, confidential consultation in San Diego by calling us at 619-493-3461.
