R.C. 2921.12 makes it a third-degree felony to alter, destroy, conceal, or remove a thing — or to make or present false evidence — with purpose to impair its availability in an official proceeding or investigation, knowing the proceeding or investigation is in progress or about to be instituted. It is frequently added to drug, assault, and other cases (for example, an allegation that someone tossed or swallowed something during a stop).
Two elements drive the defense: knowledge of the investigation and purpose to impair the evidence. Reflexive acts, or acts before any investigation was foreseeable, frequently fall short.
How Ohio Classifies & Punishes Tampering with Evidence
| Circumstance | Classification | Exposure |
|---|---|---|
| Tampering with evidence | Felony 3 | 9–36 months prison |
How We Defend Tampering with Evidence Charges
An arrest is an accusation, not a verdict. Our defense of a tampering with evidence charge begins with the questions the State would rather not answer:
- Whether you knew an investigation or proceeding was underway or imminent.
- Whether you acted with purpose to impair evidence.
- Whether the act was reflexive rather than purposeful.
- Whether the State can actually prove the required mental state (knowingly, purposely, recklessly) beyond a reasonable doubt.
- Whether any search of your person, car, phone, or home complied with the Fourth Amendment — illegally obtained evidence can be suppressed.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to tampering with evidence cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.
Tampering with Evidence — Common Questions
Why is tampering charged so often?
Because it's easy to allege and adds a felony to a case — for instance, claiming someone discarded or destroyed something during a stop. But the State must prove you knew about an investigation and acted with purpose to impair evidence, which is frequently contestable.
Is tampering with evidence a felony?
Yes — it's a third-degree felony carrying 9–36 months in prison, which is why it should never be treated as a throwaway count.
What if I didn't know I was being investigated?
Knowledge of a pending or imminent investigation is an element. If you couldn't have known an official proceeding was underway or about to begin, the charge fails.
Talk to a White-Collar & Other Crimes Defense Attorney Today
If you or someone you love is facing a tampering with evidence charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.