What Qualifies as Tampering With Evidence?
Tampering with evidence is a serious accusation under Missouri law. It’s a charge that can apply to more situations than many people realize. Whether it's a criminal investigation, a civil lawsuit, or even an administrative matter, attempting to influence or alter physical or digital proof can lead to prosecution.
For individuals facing these accusations, it’s important to understand what the law says and how actions may be interpreted by prosecutors. Criminal defense strategies will depend on how the conduct is viewed by investigators, judges, or juries.
It’s important to have experienced legal representation, and at JPLaw in Kansas City, Missouri, I’m here to serve my clients throughout their cases.
Defining Tampering With Evidence in Missouri
Missouri law defines tampering with physical evidence under Missouri Revised Statutes § 575.100. This statute outlines the criminal offense of altering, destroying, concealing, or removing items that might be used in an official proceeding.
Tampering typically requires the intent to impair the availability, truth, or value of the evidence. Without that intent, actions may not qualify as criminal, even if they affect an investigation.
Examples That May Lead to Charges
Tampering with evidence can happen in many forms. Prosecutors might file charges in situations such as:
Throwing away a weapon or illegal item before police arrive
Erasing data from a phone or computer to avoid detection
Coercing someone to lie or alter a written statement
Hiding stolen goods before an officer conducts a search
Swapping or modifying labels, tags, or records relevant to an investigation
In each of these examples, the alleged action may be seen as an attempt to keep investigators from learning the full truth. Missouri courts typically examine the context, timing, and communication surrounding the conduct.
Digital Evidence and Modern Challenges
Electronic evidence carries as much weight as physical items. Messages, search histories, photos, and location data often become central to criminal investigations.
Deleting texts, wiping hard drives, or editing photos may be viewed as tampering if investigators believe it was done to mislead. The intent still matters, but courts often infer intent based on timing and behavior patterns.
Obstruction vs. Tampering
While the two charges sound similar, obstruction of justice and tampering with evidence are distinct under Missouri law.
Obstruction typically involves interfering with the justice process, such as lying to investigators or encouraging someone not to testify. Tampering, on the other hand, focuses more on the handling of physical or digital proof.
How Timing Affects the Accusation
When someone acts before they know about a police investigation, prosecutors may have trouble proving intent. Missouri law requires that the person know—or reasonably believe—that an official proceeding is pending or likely.
If a person throws away drug paraphernalia with no knowledge that police are investigating, that may not qualify as tampering. But if they learn that charges may follow and then try to dispose of items, the situation changes.
Common Defenses in Tampering Cases
Every tampering case is different, but a criminal defense attorney will often rely on a few recurring defenses depending on the circumstances:
Lack of intent: The accused didn’t intend to hide or alter anything connected to an investigation.
No official proceeding: There was no known investigation underway or likely at the time.
Mistaken identity: Someone else may have handled the evidence or taken the action in question.
Unlawful search or seizure: Authorities obtained evidence in violation of constitutional rights.
In some cases, the accused admits the conduct but argues that it doesn’t rise to the level of criminal tampering because the item wasn’t material or relevant. This may require legal analysis and case law review.
Penalties for Tampering With Evidence in Missouri
Tampering with physical evidence is usually charged as a Class E felony in Missouri. That carries a potential sentence of up to four years in prison, along with fines or probation.
However, the penalties may increase if the alleged tampering affected a more serious investigation, such as a violent felony or high-profile fraud case. Judges may also consider the impact of the tampering—whether it delayed justice, harmed another party, or contributed to a false conviction.
In criminal defense strategy, much depends on how the court views the conduct and whether mitigation factors are present.
When Accusations Arise From Everyday Behavior
Sometimes, people face tampering accusations even when they didn’t believe they were doing anything wrong. A few examples might include:
Cleaning up a vehicle after an accident that’s under investigation
Throwing away an item that was involved in a family dispute
Encouraging a friend not to share certain details with the police
Adjusting a record at work to avoid embarrassment or blame
In these cases, the person may not have intended to affect an official proceeding—but law enforcement might interpret the behavior differently. That’s why criminal defense often involves explaining context and clarifying the accused person’s knowledge at the time.
How Prosecutors Build a Tampering Case
To file and pursue a tampering charge, Missouri prosecutors must gather clear evidence that shows:
The person took an action involving physical or digital proof
The action was intended to influence or mislead
The evidence was connected to a current or likely proceeding
Prosecutors often rely on witness statements, surveillance footage, text messages, or forensic evidence to show that an item was altered or hidden. They may also draw on circumstantial evidence, such as the timing of actions or inconsistencies in statements.
A defense attorney responds by analyzing the prosecution’s timeline and assessing whether the alleged conduct truly meets the standard required for conviction.
Legal Rights During an Investigation
If you’re questioned about evidence in a criminal case, you have rights under Missouri and federal law. You don’t have to answer questions without a lawyer. You also have the right to avoid self-incrimination.
Tampering accusations often arise during broader investigations. Saying the wrong thing or misunderstanding what officers are asking can lead to unintended legal consequences.
How Tampering Charges Affect a Criminal Defense Strategy
Tampering with evidence is often considered an “aggravating factor” in other charges. In other words, if someone is accused of a crime and also accused of tampering, prosecutors may treat the overall case more seriously.
For example:
A theft charge combined with tampering may lead to higher bail or a harsher plea offer
Tampering during a drug case may impact probation eligibility
Prosecutors may use the tampering accusation to argue that the accused shows consciousness of guilt
These consequences make tampering charges especially important in criminal defense strategy. Even if the charge seems secondary, its presence can shift how the case is handled from start to finish.
Importance of Early Legal Advice
Tampering allegations often arise early in an investigation, sometimes before charges are officially filed. Getting legal advice at this stage can prevent mistakes and clarify what conduct may be risky.
In Missouri, your criminal defense attorney may often advise clients to avoid discussing the case with others or attempting to fix potential issues themselves. Well-meaning actions—such as trying to clean up or apologize—can sometimes be used against someone later.
Impact on Employment and Public Records
Because tampering with evidence is a felony, a conviction can affect more than just your sentence. It may appear in background checks, impact licensing, and create barriers to future employment.
In some cases, it may also prevent eligibility for expungement or sealing under Missouri law. That’s why defending against the charge matters even if jail time seems unlikely.
Reach Out Today
Tampering with evidence involves more than just destroying or hiding items. It covers a range of conduct, from disposing of physical proof to altering digital data. At JPLaw, I proudly serve clients in Kansas City, Missouri, as well as Independence, Liberty, Clay, Blue Springs, and Jackson County. Call me today to secure your legal representation for tampering charges.