Tampering with Physical Evidence in Kentucky
There was a shooting in the Smoketown neighborhood of Louisville, in recent weeks. The shooter has been arrested. One of the charges against him often accompanies a homicide as well as many other felony charges. That charge is Tampering with Physical Evidence. Tampering with Evidence in Kentucky in a Class D felony if it involves physical evidence.
Once a crime is committed, if the evidence used to commit the crime (e.g. a gun, knife, etc.), is hidden or destroyed by the perpetrator or other person, the prosecutors can allege and charge someone with of tampering with physical evidence.
What is Tampering with Physical Evidence in Kentucky?
This felony charge may apply if the person who is charged with the tampering believes an official proceeding is pending or may be instituted, he:
- Destroys
- Mutilates
- Conceals
- Removes or
- Alters physical evidence
The person must also have the intent to impair its verity or availability in the official proceeding. This element would apply to an attempt to wipe off finger prints or to move the body (in the case of a homicide).
Tampering with physical evidence in Kentucky also includes fabricating physical evidence with the intent that it be introduced in the official proceeding or offers any physical evidence, knowing it to be fabricated or altered. An example would be planting a weapon or object that wasn’t already there.
What is considered physical evidence?
There are several types of physical evidence according to Kentucky Revised Statute 524.100:
- Any article,
- Object
- Document
- Record (including emails and text messages)
- Or other thing of physical substance
An experienced Louisville criminal defense attorney, I will work hard to have the evidence suppressed or “thrown out,” or to prove my client didn’t have the “intent” to alter the evidence. For instance, if the defendant claims he/she was walking down the alley, in the dark, and tripped over a body. Even though this contact may have moved the position of the body, the defense lawyer should be able to prove the altering wasn’t intentional. Therefore, the charge of tampering with physical evidence in Kentucky wouldn’t apply.
Because Tampering with Physical Evidence is considered a Class D felony, in Kentucky, it is one of many which would be eligible for expungement and may eventually be able to be removed from someone’s criminal record.
If you or someone you know has been charged with tampering with physical evidence in Kentucky, it’s critically important to get an attorney involved who’s successfully handled this and related charges. The prosecutors are going to try to pile on as much and as many charges as possible. An aggressive defense lawyer will begin dismantling that pile brick by brick, until the case crumbles.
