What Happens If I Am Accused of Tampering with Evidence in Texas?

 Posted on March 26, 2025 in Criminal Defense

Being accused of tampering with evidence in Texas can result in criminal charges, so it is important to understand exactly what it means and how you can avoid being charged. Texas law treats this offense very seriously, so if you are facing these charges, speak with a qualified Texas criminal defense lawyer who can explain the potential penalties and common scenarios that could lead to such accusations. Do not try to handle this alone. An attorney can help build a strong defense and ensure that your rights remain protected.

How Does Texas Define Tampering with Evidence?

Under Texas law, tampering with evidence is when someone purposely and knowingly alters, destroys, or conceals evidence so that it can no longer be used in a criminal investigation or legal proceeding. Presenting false evidence with the intent to deceive authorities is another form of tampering with evidence.

This offense is typically charged as a third-degree felony. That means you could face two to ten years in prison and a fine of up to $10,000. However, if the evidence involved pertains to a human corpse, the charge might be elevated to a second-degree felony, which could mean two to twenty years in prison and a fine of up to $10,000.

Common Examples of Evidence Tampering

There are several scenarios you could find yourself in that can lead to tampering with evidence charges in Texas. If you are worried that the police suspect you of a crime, your gut reaction might be to destroy, alter, conceal, or dispose of evidence or to present false evidence. You might be aware that forging documents, altering physical evidence, hiding a weapon, or flushing drugs down the toilet could likely come back to haunt you and you could face charges as a result. 

However, deleting certain text messages and even using Photoshop to modify a picture fall under the same category and could face the same penalties. No matter what happened, a skilled lawyer can go over the details with you and advise you on the best way to get a favorable outcome.

How Can an Attorney Help?

Tampering with evidence charges can be overwhelming, but you do not need to face them on your own. An experienced Texas criminal defense lawyer can assist in several ways:

Challenging Intent

A key component of a tampering with evidence conviction is that the accused knowingly tampered with evidence. If your lawyer can demonstrate that your actions were accidental or lacked criminal intent, this can help you get your charges reduced or even dropped.

Examining Procedural Violations

If authorities violated your rights during the investigation or arrest, any evidence they obtained when doing so might not be admissible.

Building a Defense Strategy

Depending on the circumstances, your lawyer might argue that the evidence you allegedly tampered with was not part of an active investigation or that you had no knowledge of its relevance to a case.

Negotiating Reduced Charges

In some cases, if there is no way to drop the charges against you, your attorney might be able to negotiate for reduced charges or explore alternative sentencing options to minimize penalties.

Contact a San Antonio, TX Criminal Defense Lawyer

Tampering with evidence is a serious criminal charge that can leave you with a felony on your criminal record. However, many of the actions that fall under the category of evidence tampering can be done by mistake, without any criminal intent. If you are accused, speak with an experienced San Antonio, TX criminal defense attorney who can evaluate the details of the case, develop a tailored defense strategy, and advocate for the best possible outcome. Call us at 210-226-0965 to schedule your initial consultation.