Destroying Evidence – NRS 199.220

Overview

Destroying evidence is a serious offense under Nevada Revised Statute (NRS) 199.220. This law addresses the intentional destruction, alteration, or concealment of evidence that is relevant to an investigation or legal proceeding. The act of destroying evidence undermines the integrity of the judicial process and can lead to severe legal consequences. Understanding the implications of this statute is crucial for anyone involved in legal matters, whether as a defendant, witness, or legal professional.

Definition of Destroying Evidence

Under NRS 199.220, “destroying evidence” encompasses actions that interfere with the collection, preservation, or presentation of evidence in a criminal investigation or legal proceeding. Key elements of this law include:

1. Intentional Action: The accused must have intentionally destroyed, altered, or concealed evidence. Accidental destruction or alteration may not meet the legal standard for prosecution.
2. Material Evidence: The evidence in question must be material to an ongoing investigation or legal case. This can include physical objects, documents, electronic records, or any other items that may be relevant to the case.
3. Knowledge of Relevance: The individual must have known, or reasonably should have known, that the evidence was relevant to a legal proceeding or investigation.

Legal Requirements for Prosecution

To secure a conviction for destroying evidence under NRS 199.220, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of Evidence: There must be clear evidence that the item in question was relevant to an ongoing investigation or legal proceeding.
2. Intent to Destroy: The prosecution must demonstrate that the accused intentionally destroyed or altered the evidence, rather than doing so inadvertently.
3. Knowledge of Relevance: The prosecution must establish that the accused had knowledge that the evidence was pertinent to the investigation or legal matter.

Related Offenses

Destroying evidence is related to several other offenses, including:

• Obstruction of Justice – NRS 199.210: Involves actions that interfere with the administration of justice, including tampering with witnesses or evidence.
• Concealing Evidence: Specifically involves hiding or disguising evidence rather than destroying it.
• Perjury – NRS 199.130: Involves providing false information under oath, which can also relate to evidence in a case.

Examples of Destroying Evidence

Understanding NRS 199.220 can be clarified through specific examples:

• Example 1: A suspect in a burglary case discovers that law enforcement is investigating them. In an effort to avoid prosecution, they destroy security camera footage that shows them at the crime scene. This act of destruction can lead to charges of destroying evidence.
• Example 2: A witness in a trial is asked to provide documents related to the case. Instead of complying, they shred the documents before the subpoena is served. This intentional destruction of relevant evidence can also result in legal charges.

Penalties for Destroying Evidence

The penalties for destroying evidence under NRS 199.220 can be severe and may vary based on the specifics of the case:

• Category D Felony: Destroying evidence is typically classified as a Category D felony, which carries penalties including:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Enhanced Penalties: If the destruction of evidence involves a violent crime or is part of a larger pattern of obstruction, the penalties can escalate, potentially leading to harsher sentencing.

Defenses Against Destroying Evidence Charges

If you are facing charges related to destroying evidence under NRS 199.220, several defenses may apply:

1. Lack of Intent: Demonstrating that the destruction was accidental or not intentional can be a strong defense. If the evidence was destroyed without knowledge or purpose, it may not meet the legal criteria for prosecution.
2. Not Material Evidence: If the accused can show that the evidence in question was not material to any investigation or legal proceeding, this can undermine the prosecution’s case.
3. Insufficient Evidence of Knowledge: If the prosecution cannot prove that the accused had knowledge of the evidence’s relevance, this may lead to a dismissal of the charges.
4. Misunderstanding: In some cases, the accused may have misunderstood their obligations regarding evidence. If they believed they were acting within their rights, this can be a mitigating factor.

The Importance of Legal Representation

Navigating the complexities of destroying evidence charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling serious criminal cases equips him to provide a robust defense against charges under NRS 199.220.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving evidence destruction.

Understanding Your Rights

If you are accused of destroying evidence, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges of destroying evidence under NRS 199.220 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.