Destroying or Concealing Evidence | Penal Code § 135

Description

If you destroy or conceal any evidence in a trail or inquiry you may be charged with Destroying or Concealing Evidence. Evidence is any book, paper, record, instrument in writing, digital image, video recording owned by yourself or another, which is about to be produced in evidence upon a trial, inquiry, or investigation, and charges may be levied against any person who willfully destroys, erases or conceals evidence. Examples of Destroying or Concealing Evidence are throwing drugs out the window when being stopped by the police or altering a VIN (Vehicle Identification Number) to hide a stolen car which is the subject of a police investigation, which would warrant an additional charge of Altering a VIN.

What does the prosecutor have to prove?

1. The defendant knew that a book, paper, record, instrument in writing, digital image, video recording or other matter or thing was to be produced in evidence upon any trial, inquiry or investigation.
2. Defendant willfully destroyed or concealed the same, with the intent to prevent it from being produced.

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No