There are several ways in which a person may “tamper with evidence” in Georgia. This article aims to explore the nature of the offense and the possible punishment if convicted.

The Offense

Under O.C.G.A. § 16-10-94, a person commits the offense of tampering with evidence when

• with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person,
• he knowingly destroys, alters, conceals, or disguises physical evidence or makes, devises, prepares, or plants false evidence.

Case Examples

Sufficient evidence for tampering with evidence: defendant threw envelope containing a forged check out the window of van in which he was riding as soon as traffic stop of van was instigated by police. Foster v. State, 311 Ga.App. 129 (2011).

Sufficient evidence to support two misdemeanor counts of tampering with evidence: defendant wiped the passenger side of the victim’s vehicle with a towel so as to alter or destroy physical evidence, and defendant bleached and washed his clothing to destroy, alter, and conceal physical evidence. Brown v. State, 288 Ga. 404 (2010).

Evidence was not sufficient to support conviction for tampering with evidence: police officers observed leafy substance in defendant’s mouth following physical struggle during a traffic stop; although officers testified they smelled burned marijuana on her person and that substance in her mouth was consistent with raw or fresh marijuana, officers did not see defendant place substance in her mouth, they did not attempt to recover substance from her mouth, and they did not command her to remove substance, and videotape of stop showed defendant repeatedly complying with officer’s request to open her mouth for inspection with flashlight.  King v. State, 317 Ga.App. 834 (2012).

Punishment

Felony Punishment

Tampering with evidence can be charged as a felony in two ways:

• When a person tampers with evidence during the prosecution of a felony that involves another person. Here, the penalty is 1-3 years imprisonment; or
• When a person tampers with evidence during the prosecution of a serious violent felony involving another person. In this situation, the penalty is 1-10 years imprisonment.

Misdemeanor Punishment

If the underlying charge was a misdemeanor or if you tamper with evidence in your own case (felony or misdemeanor), a tampering with evidence charge will result in a misdemeanor which is punishable by up to one year in jail and a $1,000 fine.

Contact Us

If you or someone you know is facing criminal prosecution, please contact our office today at 404-581-0999 for a free consultation. Our firm has specialized knowledge and experience in handling criminal cases in multiple jurisdictions across Georgia.