Under Penal Code 141 PC, planting evidence or tampering with evidence is an obstruction of justice crime and can be prosecuted as a misdemeanor. Police officers who plant or tamper with evidence will be charged with a felony and this seldom occurs.
What are the factors or elements for 141 PC?
A 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 result in person being charged with a crime.
You may face a misdemeanor charge and serve up to 180 days in county jail for violating this law. If you are a peace officer charged with this offense you may face a felony charge and serve five (5) years in state prison.
How can we successfully defend you against charges of California Penal Code 141 PC: Planting or Tampering With Evidence?
- False Accusations: You cannot be charged with 141PC if you were falsely accused. When facing such a situation, the facts must be investigated more closely to determine the true cause of the accusation. Without facts to corroborate an accusation, the prosecutor cannot charge you with 141PC.
- Mistake of Fact: If you act without intent because the DA fails to prove you lacked the intent noted above, then you cannot be charged with this offense.
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