Tampering with evidence refers to any intentional or knowing act of destroying, altering, concealing, or falsifying physical evidence with the intent to impair its availability, use, or truth in an official proceeding. Tampering with evidence can be found in Section 37.09 of the Texas Penal Code. Examples of actions that can qualify as tampering with evidence include destroying or altering physical evidence, such as a weapon or a document, to conceal it from the authorities or change its appearance. Tampering with evidence related to a misdemeanor offense is considered a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Tampering with evidence related to a felony offense is considered a third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000. If the tampering of evidence results in the wrongful conviction or punishment of an innocent person, the offender can be charged with a second-degree felony, punishable by two to twenty years in prison and a fine of up to $10,000.

Tampering with evidence can be a more serious crime, and often the person is charged with both tampering as well as the underlying crime. Prosecutors will often utilize the tampering charge to get two bites at the apple. By going after the underlying crime as well as the tampering charge, prosecutors can have two opportunities to obtain either one or multiple convictions.

In summary, tampering with evidence is a serious offense that can result in significant legal consequences. It is important to consult with an experienced criminal defense attorney to understand your legal options and protect your rights if you are facing tampering with evidence criminal charges.