Criminal tampering in Arizona is a serious offense that can carry significant legal consequences, especially when charged as a felony under ARS 13-2809.
Understanding what constitutes felony criminal tampering is crucial for anyone facing these charges.
If you or someone you know is facing felony criminal tampering charges, the Law Office of Daniel Hutto is here to provide expert legal representation and guidance through this challenging time.
Here’s what this article will cover:
- Understanding ARS 13-2809: The Legal Definition of Criminal Tampering
- Actions That May Lead to Felony Criminal Tampering Charges
- Potential Penalties for Felony Criminal Tampering in Arizona
- Legal Defenses Against Felony Criminal Tampering Charges
How an Arizona Criminal Defense Attorney Can Help
Our Phoenix Criminal Defense Attorneys are Here to Help!
What is the Legal Definition of Criminal Tampering?
Arizona Revised Statutes (ARS) 13-2809 outlines the crime of criminal tampering, which occurs when an individual unlawfully interferes with the administration of justice or governmental operations.
This statute specifically defines criminal tampering as actions intended to influence, obstruct, or impair a government function.
Felony criminal tampering charges may arise when the tampering involves significant interference, such as tampering with evidence, witnesses, or official documents.
Under ARS 13-2809, the prosecution must prove beyond a reasonable doubt that the defendant knowingly and intentionally committed acts that meet the legal criteria for tampering.
This includes demonstrating that the actions were intentional and aimed at obstructing justice or disrupting official proceedings.
Actions That May Lead to Felony Criminal Tampering Charges
Several actions can lead to felony criminal tampering charges under Arizona law.
Common examples include:
- Destroying, Mutilating, or Altering Evidence: Intentionally impairing the verity or availability of physical evidence.
- Concealing or Removing Evidence: Actions taken to hide or remove evidence intending to obstruct justice.
- Producing False Evidence: Knowingly making, producing, or offering false physical evidence.
- Preventing Evidence Production: Using force, intimidation, or deception to avoid the production of evidence.
Depending on the circumstances and the extent of the interference, each of these actions can result in severe felony charges.
Potential Penalties for Felony Criminal Tampering in Arizona
Tampering with physical evidence is classified as a class 6 felony in Arizona, reflecting the severe nature of the offense.
The law targets explicitly actions intended to affect physical evidence’s use, introduction, rejection, or availability in an official proceeding.
The penalties for tampering with physical evidence are severe, reflecting the crime’s potential to undermine the integrity of the judicial process.
As a class 6 felony, the penalties include:
- Presumptive Sentence: The standard sentence for this offense is 1 year in prison.
- Minimum Sentence: In cases with mitigating factors, the sentence can be reduced to 0.5 years.
- Maximum Sentence: In more severe cases, the sentence can be increased to 1.5 years.
- Aggravated Maximum Sentence: If aggravating circumstances are present, the sentence can reach up to 2 years.
In addition to prison time, defendants may be eligible to earn a release credit day for every six days served, providing some potential for early release depending on behavior and other factors.
Given the significant legal consequences of these charges, seeking expert legal representation is essential.
The Law Office of Daniel Hutto is experienced in handling criminal tampering cases and can help navigate the complexities of your defense.
Legal Defenses Against Criminal Evidence Tampering Charges
If you are facing felony criminal tampering charges, several legal defenses may be available.
Common defenses include:
- Lack of Intent: Demonstrating that the defendant did not have the intent to tamper with evidence or obstruct justice can be a strong defense.
- Mistaken Identity: If the defendant can prove that they were not the person who committed the tampering, the charges may be dismissed.
- Insufficient Evidence: Challenging the prosecution’s evidence and showing that it is not enough to prove the crime beyond a reasonable doubt can lead to an acquittal.
- Duress: If the defendant can prove that they were forced to commit the tampering under threat of harm, this may be a valid defense.
An experienced criminal defense attorney can help determine the best defense strategy based on the specifics of your case.
The Importance of Legal Representation: How the Law Office of Daniel Hutto Can Help
Facing felony criminal tampering charges is a daunting experience that requires skilled legal representation.
The Law Office of Daniel Hutto specializes in defending clients against serious criminal charges, including felony criminal tampering. Our legal team will work tirelessly to protect your rights, build a strong defense, and achieve the best possible outcome for your case.
Contact us at 602 536-7878 today to discuss your case and explore your legal options.
