Getting into trouble can be stressful, especially if you are facing jail time or hefty civil penalties. However tempting it may be, it is not worth it to attempt to destroy evidence.
Being accused of destruction of evidence in Oklahoma City can lead to significant criminal penalties, not to mention harming your original criminal case.
About Destruction of Evidence in Oklahoma
Any time you knowingly destroy evidence that is to be used as a part of pending litigation, you are at risk of being charged with destruction of evidence in Oklahoma.
In order to prove that a defendant actually committed destruction of evidence in Oklahoma, a prosecutor must prove each of the following elements beyond a reasonable doubt:
First, that the defendant willfully;
Second, destroyed any book/paper/record/(instrument in writing)/matter/thing;
Third, knowing it was about to be produced in evidence at any trial/proceeding/inquiry/investigation authorized by law;
Fourth, with the intent to prevent the book/paper/record/(instrument in writing)/matter/thing from being produced.
(Ok. Stat. Tit. 21 Sec. 454)
It is therefore a defense that you were unaware that you either destroyed the evidence, or that it was actually evidence.
Penalties for Destruction of Evidence in Oklahoma
Anyone who is found guilty of destroying evidence will be convicted of a misdemeanor crime and can serve up to one year in jail.
Free Consultation: Oklahoma City Criminal Defense Attorney
Destroying evidence, no matter how small it appears to be, may seem like a minor crime. However, you can face serious criminal penalties and also really hurt your underlying case.
If you’ve been accused of destruction of evidence, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW).
If you prefer, send your question directly to an Oklahoma criminal defense attorney by using the contact form at the top right side of this page.
All inquiries are confidential. Also, your first consultation is free.