Evidence is used at the trial of a case by the prosecution to prove the State’s charges against the defendant or by the defendant in his defense of the charges. Oklahoma criminal statutes define evidence as “any book, paper, record, instrument in writing, or other matter or thing.”
Destruction of evidence is a serious crime in Wagoner, OK. If you are charged with destroying evidence, you need to contact a Wagoner misdemeanor attorney as soon as possible.
What Constitutes Destruction of Evidence in Oklahoma?
In order to prove that a defendant is guilty of the charge of destroying evidence, the State must prove beyond a reasonable doubt that the defendant is guilty of all four elements of this crime.
The elements required to prove a charge of destruction of evidence are:
First: The defendant acted in a willful manner.
Second: The defendant destroyed a book, paper, record, instrument in writing, or other matter or thing.
Third: The defendant knew that the item destroyed was about to be produced into evidence at a trial, investigation, inquiry or proceeding authorized by law.
Fourth: The defendant intended to prevent the book, paper, record, instrument in writing, or other matter or thing from being produced at the trial, investigation, inquiry or proceeding.
The State must prove all elements beyond a reasonable doubt for the defendant to be found guilty of destruction of evidence. A Wagoner criminal defense lawyer will attack one or more of the elements to create reasonable doubt in order to overcome the charges.
Punishment for Destruction of Evidence in Wagoner, Oklahoma
According to Okla. Stat. Tit. 21 Ch. 13 §454, a person who is convicted of the destruction of evidence is guilty of a misdemeanor. Even though the crime is a misdemeanor, you still need to consult with a Wagoner criminal defense attorney because the charge carries a fine and a penalty.
In Oklahoma, a misdemeanor is punishable by up to one year in jail, a fine of up to $500 or a combination of both. The misdemeanor process in Wagoner is not something that you want to do alone. You need a Wagoner misdemeanor defense lawyer to guide you through the process and protection your rights.
Do not let a charge of destruction of evidence ruin your life. A skilled attorney will aggressively fight for your legal rights to a fair trial and will do everything within his or her power to mitigate the punishment for destruction of evidence in the event that you are found guilty of the charge.
Initial Strategy Session: Wagoner Criminal Defense Attorney
For a low-cost consultation with a Wagoner, Oklahoma destruction of evidence lawyer, call Wirth Law Office – Wagoner at (918) 485-0335 (or toll free at (888) Wirth-Law). Or, as always, you may enter a legal question in the form at the top right of this page.
You are under no obligation after your initial consultation; therefore, we urge you to contact us as soon as possible. If you are facing jail time, do not wait another day to get the help that you need to protect your legal rights.
