What Are the Consequences of Tampering with Evidence in Texas?

 Posted on March 20, 2025 in Criminal Defense

Tampering with evidence is a serious criminal charge in Texas that can carry harsh penalties. Whether you are accused of hiding, altering, or destroying evidence, the consequences can be severe. It can be difficult to understand exactly what constitutes tampering with evidence and many things you might assume are legal could result in serious consequences. A qualified Texas criminal defense attorney can explain how the state addresses this offense and what your options are.

What Is Considered Tampering with Evidence in Texas?

Under Texas law, you are tampering with evidence when you knowingly alter, destroy, or conceal any record, document, or item with the intent to make it unusable as evidence in an investigation or official proceeding. Presenting false evidence with the intent to deceive authorities is also considered evidence tampering. Disposing of drugs or drug paraphernalia during a traffic stop, deleting incriminating text messages or emails, destroying clothing or objects that might contain evidence, or providing law enforcement with false documents or altered records are all common examples of actions that can result in charges of tampering.

What Are the Penalties for Tampering with Evidence?

The penalties for tampering with evidence in Texas depend on the circumstances of the case:

Misdemeanor

You could face a Class A misdemeanor charge even if you made no attempt to alter or destroy evidence if you discovered a human corpse and did not report it. This charge can be punished with up to one year in jail and fines of up to $4,000.

Third-Degree Felony

In most cases, tampering with evidence is classified as a third-degree felony. A conviction could result in two to ten years in prison and fines of up to $10,000.

Second-Degree Felony

The charge can be elevated to a second-degree felony if the tampered evidence is related to a human corpse. This type of felony carries a prison sentence of two to twenty years and fines of up to $10,000.

How Can I Defend Against Tampering with Evidence Charges?

There are several defense strategies available for someone accused of tampering with evidence, including:

• Lack of Intent: The prosecution must prove that you intended to impair the availability of the evidence. If you were unaware that your actions could affect an investigation, this can weaken the case against you.
• Mistaken Identity: If you can demonstrate that you were wrongly identified as the person responsible for tampering with evidence, this can help you significantly.
• Unlawful Search or Seizure: If law enforcement violated your constitutional rights during the investigation, any resulting evidence might be found inadmissible in court, and this might make the entire case go away.

Schedule a Free Consultation with a Houston, TX Defense Lawyer

Being charged with tampering with evidence can have a severe impact on your future. A skilled Houston, TX criminal defense attorney can build a strong defense, negotiate plea deals, or identify procedural errors that could affect the outcome of your case. If you or a loved one is facing charges for tampering with evidence, call Murphy & McKinney Law Firm, P.C. at 713-229-8333 for experienced legal counsel aimed at protecting your rights and achieving the best possible outcome in your case.