Penal Code § 135 PC - Concealing an Accidental Death
1. What is Penal Code § 135 PC?
Under California Penal Code § 135 PC, it is a criminal offense to destroy or conceal evidence relevant to a legal proceeding, such as an investigation, inquiry, or trial. While the code explicitly addresses evidence destruction, it also applies to the intentional concealment of evidence related to an accidental death. The purpose of this statute is to ensure the integrity of legal proceedings and to prevent the obstruction of justice by tampering with or hiding vital evidence.
When applied to concealing an accidental death, this law prohibits any actions taken to hide the circumstances of the death or any evidence connected to it, particularly if the concealment is done with the intent to obstruct justice. This may include hiding the body, destroying physical evidence, or erasing digital records such as text messages or photos.
Key Elements of Penal Code § 135 PC
To secure a conviction under Penal Code § 135 PC for concealing an accidental death, the prosecution must prove the following elements:
Willful and Knowing Act: The defendant intentionally and knowingly destroyed or concealed evidence related to an accidental death.
Relevant Evidence: The evidence in question was material to a legal proceeding, such as an investigation or inquiry into the accidental death.
Intent to Obstruct Justice: The defendant acted with the specific intent to prevent the evidence from being used or introduced in the investigation or trial.
Immigration Consequences
A conviction for violating Penal Code § 135 PC is generally not considered a crime involving moral turpitude or an aggravated felony under U.S. immigration law. Therefore, it is unlikely to result in deportation or inadmissibility for non-citizens. However, it is advisable for non-citizen defendants to consult an immigration attorney for case-specific guidance.
Expungement of Penal Code § 135 PC Convictions
If convicted under Penal Code § 135 PC, you may be eligible for an expungement under Penal Code § 1203.4. To qualify, you must:
Successfully complete probation, or
Complete any jail sentence imposed by the court.
An expungement allows you to withdraw your guilty plea and have the case dismissed, effectively clearing your criminal record for most purposes.
Penal Code § 135 PC Law Reads As Followed:
A person who, knowing that any book, paper, record, instrument in writing, digital image, video recording owned by another, or other matter or thing, is about to be produced in evidence upon a trial, inquiry, or investigation, authorized by law, willfully destroys, erases, or conceals the same, with the intent to prevent it or its content from being produced, is guilty of a misdemeanor
2. What Are Examples of Penal Code § 135 PC?
California Penal Code § 135 PC makes it a crime to willfully destroy, erase, or conceal evidence to prevent its use in a legal proceeding. To better understand this law, it’s helpful to explore examples of actions that could result in charges under this statute. Below, we provide real-world scenarios that demonstrate how this law can apply.
Common Examples of Penal Code § 135 PC Violations
1. Destroying Digital Evidence
Scenario: During a fraud investigation, a suspect deletes incriminating emails and files from their computer, knowing they would be relevant to the case.
Why It Violates PC 135: The individual willfully erased digital evidence with the intent to obstruct the investigation.
2. Concealing Physical Evidence
Scenario: After witnessing a theft, a person finds the stolen item and hides it in their home to prevent law enforcement from recovering it.
Why It Violates PC 135: Concealing the stolen item interferes with the ability of law enforcement to use it as evidence in the investigation.
3. Destroying Surveillance Footage
Scenario: A store owner erases security camera footage showing an employee committing theft after learning the footage would be subpoenaed in court.
Why It Violates PC 135: The owner intentionally destroyed evidence they knew would be used in a legal proceeding.
4. Tampering with Witness Notes
Scenario: A person involved in a legal dispute steals and destroys a witness’s notes that contain details relevant to their testimony.
Why It Violates PC 135: The destruction of the notes was deliberate and aimed at preventing their use as evidence in court.
5. Disposing of Incriminating Objects
Scenario: After being involved in a hit-and-run accident, the driver removes and destroys a broken headlight that could link their car to the incident.
Why It Violates PC 135: The individual knowingly destroyed evidence that law enforcement could use in a criminal investigation.
6. Erasing Phone Records
Scenario: During a domestic violence case, a suspect deletes call logs and text messages showing a pattern of harassment toward the victim.
Why It Violates PC 135: The deletion of phone records was a deliberate attempt to conceal evidence.
7. Discarding Drug Paraphernalia
Scenario: Someone under investigation for drug possession flushes illegal substances or drug paraphernalia down the toilet to avoid detection.
Why It Violates PC 135: This act constitutes the willful destruction of evidence relevant to an ongoing investigation.
Misunderstandings That May Lead to Unintentional Violations
While Penal Code § 135 PC requires intentional actions, some individuals may inadvertently destroy evidence without realizing its legal significance. For instance:
Cleaning out old files without knowing they contain information related to an investigation.
Throwing away receipts or documents without realizing they are relevant to a trial.
If there was no intent to interfere with a legal proceeding, these actions may not constitute a violation.
3. What are Common Defenses Against Penal Code § 135 PC?
Penal Code § 135 PC in California makes it a crime to willfully destroy, erase, or conceal evidence with the intent to obstruct its use in a legal proceeding. While the penalties for a conviction can be serious—up to six months in county jail and a fine of up to $1,000—there are several effective defenses that can be used to fight these charges. Below, we explore the most common defenses against Penal Code § 135 PC violations.
To be convicted under Penal Code § 135, the prosecution must prove that you willfully destroyed or concealed evidence. If your actions were accidental or unintentional, this defense can be used to argue against your charges.
Example: You accidentally deleted an email or disposed of an object without knowing it was considered evidence.
Legal Argument: The absence of willful intent means you did not meet the necessary elements of the crime.
2. Lack of Knowledge
You cannot be guilty of violating Penal Code § 135 if you were unaware that the item in question was evidence or that it was relevant to a legal proceeding.
Example: You threw away a receipt or destroyed documents without realizing they were linked to an ongoing investigation.
Legal Argument: If you lacked knowledge that the item was relevant to a trial, inquiry, or investigation, your actions were not unlawful.
3. No Active Legal Proceeding
For a conviction under Penal Code § 135, there must be an ongoing or imminent legal proceeding, such as a trial, inquiry, or investigation. If no such proceeding existed at the time of the alleged act, you cannot be guilty under this statute.
Example: You destroyed or concealed something that later became evidence in a case that was initiated after your actions.
Legal Argument: The absence of an active legal proceeding at the time of the alleged destruction or concealment invalidates the charges.
4. The Item Was Not Evidence
If the object or material you destroyed or concealed was not actually evidence, you cannot be convicted under Penal Code § 135. The law specifically applies to items that are known to be relevant to a legal proceeding.
Example: You deleted personal photos or emails that were unrelated to any investigation or trial.
Legal Argument: The destroyed or concealed item was not evidence and thus does not fall under the scope of Penal Code § 135.
5. Mistaken Identity or False Accusation
In some cases, you may have been wrongly accused of destroying or concealing evidence, whether due to mistaken identity or false allegations.
Example: Someone else destroyed the evidence, but you were blamed for the act.
Legal Argument: Demonstrating that you were not responsible for the alleged actions can lead to a dismissal of the charges.
6. Constitutional Violations
If law enforcement violated your constitutional rights during the investigation or arrest process, any evidence obtained against you might be inadmissible in court. This could significantly weaken the prosecution’s case.
Example: Officers searched your property without a valid warrant and found evidence they claim you destroyed.
Legal Argument: Evidence obtained through an unlawful search and seizure cannot be used to support charges against you.
7. Lack of Evidence
The prosecution bears the burden of proving beyond a reasonable doubt that you committed the offense. If they fail to present sufficient evidence, your attorney can argue for the charges to be dismissed.
Example: There is no direct evidence, such as video surveillance or witness testimony, linking you to the destruction or concealment of evidence.
Legal Argument: Without strong evidence, the prosecution cannot meet the burden of proof.
8. Consent or Authorization
If you destroyed or removed the item in question with proper authorization or consent, you cannot be held liable under Penal Code § 135.
Example: A business owner instructed you to delete files or destroy documents as part of routine operations.
Legal Argument: Actions taken with proper authorization do not constitute a willful violation of the law.
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4. What are The Penalties for Violating Penal Code § 135 PC?
Under California Penal Code § 135 PC, it is a crime to willfully destroy, erase, or conceal evidence with the intent to obstruct its use in a legal proceeding, such as a trial, inquiry, or investigation. Violating this law can have serious consequences, as it is considered an obstruction of justice. Below, we discuss the penalties for a conviction under Penal Code § 135 and additional legal implications you should be aware of.
Classification of the Crime: Misdemeanor Offense
Penal Code § 135 is classified as a misdemeanor under California law. While this is a less severe category than a felony, it still carries significant penalties and consequences that can impact your life.
1. Jail Time
A conviction for violating Penal Code § 135 PC is punishable by up to six months in county jail.
The exact length of jail time depends on the specifics of the case and whether mitigating or aggravating circumstances are present.
In some cases, the court may opt for probation instead of jail time, particularly for first-time offenders.
2. Fines
A violation of Penal Code § 135 PC can result in a fine of up to $1,000.
This fine is in addition to any other penalties imposed by the court.
The court may consider your financial situation when determining the amount of the fine.
3. Probation
Instead of serving jail time, the court may grant you misdemeanor (summary) probation.
Probation typically involves strict conditions, such as:
Regular check-ins with a probation officer.
Community service.
Compliance with court orders.
Avoiding further legal trouble.
Failure to comply with probation terms can result in additional penalties or a revocation of probation.
4. Criminal Record
A conviction under Penal Code § 135 PC results in a criminal record, which can have lasting consequences, such as:
Difficulty finding employment.
Challenges securing housing.
Issues with professional licensing or certifications.
While this is a misdemeanor and not a felony, it can still negatively affect your reputation and future opportunities.
5. Immigration Consequences
Fortunately, a conviction under Penal Code § 135 PC typically does not result in negative immigration consequences.
U.S. immigration law identifies certain crimes, such as crimes of moral turpitude or aggravated felonies, as grounds for deportation or inadmissibility.
Since Penal Code § 135 is not classified as a crime of moral turpitude, it usually will not affect your immigration status.
6. Firearm Rights
A conviction for violating Penal Code § 135 PC does not affect your gun rights.
Unlike some California misdemeanors and felonies, which can result in temporary or permanent firearm bans, a violation of this statute does not carry such consequences.
7. Expungement
You may be eligible to have a conviction under Penal Code § 135 PC expunged from your record under California Penal Code § 1203.4.
Eligibility requires:
Completion of your probation term or jail sentence.
No further legal violations during probation or after your sentence.
An expungement can help reduce the long-term impact of the conviction, making it easier to move forward with your life.
Factors That Can Impact Sentencing
The specific penalties imposed for a violation of Penal Code § 135 PC can vary depending on the circumstances of your case. Factors that can influence sentencing include:
Aggravating Circumstances: Actions that demonstrate a greater level of intent or harm, such as destroying critical evidence in a high-profile criminal case, may result in harsher penalties.
Mitigating Circumstances: Lack of prior criminal history, accidental destruction of evidence, or other factors may lead to more lenient sentencing.
Plea Bargains: In some cases, a skilled criminal defense attorney can negotiate a plea deal, resulting in reduced charges or penalties.
5. What Are the Related Offenses To Penal Code § 135 PC?
California Penal Code § 135 PC makes it illegal to willfully destroy or conceal evidence that is relevant to a legal proceeding, such as a trial, inquiry, or investigation. While this specific law addresses the obstruction of justice through evidence destruction, several other criminal offenses are closely related and involve similar actions aimed at interfering with the judicial process. Below, we discuss the primary related offenses to Penal Code § 135 PC and how they are prosecuted.
1. Penal Code § 132 PC – Offering False Written Evidence
Under Penal Code § 132 PC, it is a crime to knowingly present false, forged, or fraudulent written evidence in a legal proceeding.
Example: Submitting a falsified contract or altered document during a civil or criminal trial to mislead the court.
Key Difference from PC § 135: While Penal Code § 135 focuses on the destruction or concealment of evidence, Penal Code § 132 criminalizes the act of submitting false evidence.
Penalties for Penal Code § 132:
This is a felony offense, punishable by up to three years in state prison.
2. Penal Code § 134 PC – Preparing False Evidence
Penal Code § 134 PC makes it illegal to prepare false evidence with the intent to present it during a legal proceeding.
Example: Altering a video recording or manufacturing a fake photograph with the intention of using it as evidence in court.
Key Difference from PC § 135: Penal Code § 134 focuses on creating false evidence, whereas Penal Code § 135 deals with concealing or destroying existing evidence.
Penalties for Penal Code § 134:
This is a felony offense, carrying a punishment of up to three years in state prison.
3. Penal Code § 141 PC – Planting Evidence
Penal Code § 141 PC criminalizes the act of planting or tampering with evidence to wrongfully accuse another person of a crime.
Example: A police officer placing drugs in a suspect’s car to frame them for possession.
Key Difference from PC § 135: While Penal Code § 135 involves destroying or concealing evidence, Penal Code § 141 specifically addresses the act of altering or placing evidence to incriminate someone falsely.
Penalties for Penal Code § 141:
If committed by a civilian, it is a misdemeanor, punishable by up to six months in county jail.
If committed by a law enforcement officer, it is a felony, carrying a penalty of up to three years in state prison.
4. Penal Code § 118 PC – Perjury
Under Penal Code § 118 PC, perjury occurs when someone willfully makes a false statement under oath in a legal proceeding or official document.
Example: A witness lying under oath during a criminal trial about what they saw.
Key Difference from PC § 135: Perjury involves providing false statements under oath, while Penal Code § 135 addresses the destruction or concealment of physical evidence.
Penalties for Penal Code § 118:
This is a felony offense, punishable by up to four years in state prison.
5. Penal Code § 148(a)(1) PC – Resisting, Delaying, or Obstructing an Officer
Penal Code § 148(a)(1) PC makes it a crime to willfully resist, delay, or obstruct a law enforcement officer in the performance of their duties.
Example: Refusing to hand over evidence to the police during an active investigation.
Key Difference from PC § 135: Penal Code § 148(a)(1) focuses on obstructive actions toward officers rather than specifically addressing the destruction of evidence.
Penalties for Penal Code § 148(a)(1):
This is a misdemeanor offense, punishable by up to one year in county jail and/or a fine of up to $1,000.
6. Penal Code § 32 PC – Accessory After the Fact
Penal Code § 32 PC makes it illegal to assist someone after they commit a felony, with the intent to help them evade arrest or prosecution.
Example: Helping a friend dispose of evidence after they commit a robbery.
Key Difference from PC § 135: Penal Code § 32 applies to individuals aiding a felon, while Penal Code § 135 focuses on evidence destruction or concealment.
Penalties for Penal Code § 32:
This is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.
Felony convictions carry a punishment of up to three years in state prison.
7. Penal Code § 236 PC – False Imprisonment
False imprisonment under Penal Code § 236 PC involves unlawfully restraining, detaining, or confining another person against their will.
Example: Preventing someone from reporting a crime by locking them in a room.
Key Difference from PC § 135: Penal Code § 236 criminalizes the restriction of a person’s freedom, whereas Penal Code § 135 addresses interference with the legal process by destroying evidence.
Penalties for Penal Code § 236:
As a misdemeanor: Up to one year in county jail.
As a felony: Up to three years in state prison.
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