Description

Evidence Planting or Tampering is a crime and any person who knowingly, willfully, intentionally, and wrongfully alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, digital image or video recording, with specific intent that the action will be wrongfully produced as genuine may be charged with a misdemeanor. A peace officer or prosecuting attorney who intentionally and in bad faith alters or withholds any physical matter or exculpatory material or information may be charged with a felony.

What does the prosecutor have to prove?

Felony:
1. Defendant knowingly, willfully, and intentionally altered, modified, planted, placed, manufactured, concealed, or moved any physical matter, digital image or video recording.
2. Defendant had specific intent that the action would result in a person being charged with a crime. or
2. Defendant had specific intent that the physical matter would be wrongfully produced as genuine or true upon any trial, proceeding, or inquiry whatever.
3. Defendant was a peace officer. Misdemeanor: 1. Defendant knowingly, willfully, wrongfully, and intentionally altered, modified, planted, placed, manufactured, concealed, or moved any physical matter, digital image or video recording.
2. Defendant had specific intent that the action would result in a person being charged with a crime. or
2. Defendant had specific intent that the physical matter would be wrongfully produced as genuine or true upon any trial, proceeding, or inquiry whatever.

Punishment

Felony: 2years/3years/5years
With probation 0-364 days
Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?Yes
Is this charge a “serious felony”Yes
Is this charge a “violent felony”Yes
Do I have to register as a sex offender if convicted?Yes
Do I have to register as a drug offender if convicted?Yes
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?Yes
Am I eligible for Prop. 36 drug diversion if convicted?Yes
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?Yes
Is this charge considered a “controlled substance violation” for immigration purposes?Yes
Is this charge considered a “domestic violence” for immigration purposes?Yes
Is this charge considered a “firearm conviction” for immigration purposes?Yes