California penal code section 141 pc, which is tampering with or planting bear witness for the purposes of another person beingness charged is a serious criminal offence.

Below our Los Angeles criminal lawyers explain the legal elements of this crime.

How Does The Prosecutor Prove The Offense Of Tampering With Or Planting Evidence?

To prove that the defendant is guilty of tampering with testify under penal lawmaking 141 pc the prosecutor has to prove the following facts or elementsane:

checklist
  • The defendant willfully and intentionally2 changed, planted or placed or made, hid or moved evidence3; AND
  • The defendant knew she/he was changing or planting, or placing or making or hiding or moving) the testify; AND
  • When the defendant inverse or planted, or placed or made or hid or moved the prove, he/she intended that his/her action would upshot in someone beingness charged with a crime, or the testify existence wrongfully produced as genuine or truthful in a courtroom proceeding.

What Happens If A Police force Officer Planted Or Tampered With Show?

The prosecutor must testify one more chemical element.

  • When the accused acted, he/she was a peace officer4.

What Happens If A Prosecutor Tampered With Bear witness?

Under a new police force approved by the governor of California on September 30th, 2016 California penal code 141 was expanded to include prosecuting attorneys who intentionally alter, change or withhold evidence knowing that this testify may have a textile consequence on a casev.

Legal Defenses For Penal Lawmaking 141 PC

Error Of Fact Defense

Planting or tampering with prove is a specific intent crime which means that the defendant needs to accept acted with the specific intent to plant or tamper evidence.

If yous human activity without the requisite intent, as stated above, which means you made a reasonable mistake where you lot did non know y'all were planting or tampering with evidence you can use this defense force in a trial.

You Were Falsely Defendant

If you were falsely accused, the facts will need to be investigated further to determine the existent cause behind the allegation.

Witness

Penalties For Penal Code 141 PC

Planting or tampering with bear witness is charged as a misdemeanor.

Notwithstanding, if a police officeholder plants testify or violates penal code 141 than they are charged with a felony.

Penalties for violating penal code 141 includethe following:

Penalties Person Police Officeholder Prosecutor
Fine Max of $1,000
Probation Summary Probation Formal Probation Formal Probation
County Jail or Prison Max of 6 months county jail 1 Year county jail or 2,three, or five years prison6 16 months, 2 or iii years7

Important Information

  1. California Penal Code 141 [↩]
  2. Someone commits an act "willfully" when he or she does it willingly or on purpose., http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=vii [↩]
  3. The definition of "evidence" in this context is fairly broad and includes any kind of concrete item that can be produced in a courtroom proceeding.  Pen. Code, § 141. [↩]
  4. Peace Officer Defined: Pen. Lawmaking, section 830 et seq., A peace officeholder is any person who comes within the provisions of Penal Code department 830 and who otherwise meets all standards imposed by law on a peace officer, and nonetheless any other provision of law, no person other than those designated in this lawmaking department is a peace officer. Available at http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?affiliate=four.5.&part=2.&lawCode=PEN&title=3. [↩]
  5. See Assembly Bill 1909 falsifying evidence, available at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1909 [↩]
  6. California Penal Lawmaking 141(b) – A peace officeholder who knowingly, willfully, intentionally, and wrongfully alters, modifies, plants, places, manufactures, conceals, or moves any physical affair, digital image, or video recording, with specific intent that the activity will result in a person being charged with a criminal offense or with the specific intent that the physical matter, digital paradigm, or video recording will exist concealed or destroyed, or fraudulently represented as the original show upon a trial, proceeding, or research, is guilty of a felony punishable by two, three, or five years in the country prison. Available at http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=141.&lawCode=PEN [↩]
  7. California Penal Code 141(c) – A prosecuting chaser who intentionally and in bad religion alters, modifies, or withholds any physical matter, digital image, video recording, or relevant exculpatory textile or information, knowing that information technology is relevant and material to the outcome of the case, with the specific intent that the physical matter, digital image, video recording, or relevant exculpatory material or information will be concealed or destroyed, or fraudulently represented equally the original testify upon a trial, proceeding, or inquiry, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for xvi months, or ii or three years. Available at http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=141.&lawCode=PEN [↩]

Ms. Aizman is the founding attorney at Aizman Law Business firm, an award winning criminal defense chaser & former prosecutor for the metropolis of Los Angeles. She regularly appears on CNN, Fox News, HLN & CBS News to provide legal insight on various legal topics. She is a proud member of the California Attorneys For Criminal Justice, California DUI Lawyers Association & the National Higher of DUI Defence