IRONTON (740) 532-8744 · CHESAPEAKE (740) 867-3166
Charged with a crime in Southern Ohio? What you do in the first 48 hours matters — call (740) 532-8744 to speak to an attorney before speaking to anyone.

Other Crimes · R.C. 2921.12

Ohio Tampering with Evidence Defense

Tampering is a third-degree felony that prosecutors love to stack on top of other charges. But it has a strict requirement: you must have known an investigation or proceeding was underway or about to be.

Ohio Revised Code · R.C. 2921.12

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

Classification & penalty range
CircumstanceClassificationExposure
Tampering with evidenceFelony 39–36 months prison
Penalty ranges on this page describe the general Ohio framework and can change with the facts (priors, enhancements, specifications) and with amendments to the Revised Code. This is general information, not legal advice. For the consequences in your specific case, call (740) 532-8744.

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.

Free, Confidential Consultation. Same-Day Response. Two Offices.

An arrest is not a conviction. The sooner an attorney is reviewing the stop, the search, and the State’s evidence, the more options you have. Call now or request a free case review — there is no cost and no obligation.

💬 TEXT US NOW Outside business hours? Text (220) 215-0832 for assistance.
CALL NOW (740) 532-8744 TEXT NOWAfter-hours OK