Destroying or Concealing Evidence in California – Penal Code 135 PC
What Is Penal Code 135 PC?
California Penal Code 135 PC makes it a crime to willfully destroy or conceal evidence that you know will be used in a legal proceeding or criminal investigation.
In simple terms, if you intentionally destroy, hide, or erase evidence to prevent it from being used in court or by law enforcement, you can be charged under PC 135.
This law applies to both criminal and certain civil legal matters. It also applies to law enforcement officers who intentionally conceal evidence.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Does the Law Say?
Under Penal Code 135, a person commits a crime when they:
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Know that an item will be used as evidence in a trial, investigation, or proceeding, and
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Willfully destroy or conceal that item to prevent it from being produced
The statute applies to a wide range of evidence, including:
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Documents
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Emails and text messages
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Photographs and videos
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Weapons
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Cell phones
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Financial records
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Clothing
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Controlled substances
The key issue is intent. The prosecution must prove you acted deliberately to prevent the evidence from being used.
What Must the Prosecutor Prove?
To convict you under Penal Code 135, the prosecutor must prove beyond a reasonable doubt that:
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You knew the item would be used as evidence in a legal proceeding or investigation.
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You willfully destroyed or concealed the item.
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The destruction or concealment was successful.
If the evidence was not actually destroyed or concealed, but merely an attempt was made, PC 135 generally does not apply.
What Legal Proceedings Does PC 135 Cover?
The evidence must relate to an official legal proceeding or investigation, such as:
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A criminal investigation before arrest
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A parole violation hearing
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Jail investigations
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Family law proceedings
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Bankruptcy proceedings
The law does not apply to private investigations.
Examples of Penal Code 135 Violations
Example 1
A business owner learns of a pending fraud investigation and deletes financial records to prevent law enforcement from reviewing them.
Example 2
A spouse in a divorce intentionally hides financial documents to prevent accurate spousal support calculations.
Example 3
A person destroys text messages after learning police are investigating a domestic violence complaint.
In each case, the critical issue is knowledge and intent.
Is Destroying Evidence a Felony in California?
No. Penal Code 135 is a misdemeanor offense.
However, it can still carry serious consequences and may be charged alongside more serious crimes.
What Are the Penalties for Penal Code 135?
If convicted, penalties may include:
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Up to one year in county jail
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A fine of up to $1,000
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Summary probation
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Court-ordered restitution
Additional consequences may include:
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Immigration consequences, as PC 135 may be considered a crime involving moral turpitude
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Negative impact on related criminal charges
Although it is a misdemeanor, prosecutors often treat evidence destruction seriously because it affects the integrity of the legal system.
What Are Related California Offenses?
Penal Code 135 is often charged alongside other offenses, including:
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Penal Code 118 PC – Perjury
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Penal Code 132 PC – Offering False Evidence
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Penal Code 133 PC – Deceiving a Witness
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Penal Code 134 PC – Preparing False Evidence
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Penal Code 141 PC – Planting Evidence
The specific charge depends on the nature of the alleged conduct.
Common Defenses to Penal Code 135 Charges
An experienced criminal defense attorney may raise several defenses depending on the facts of the case.
Evidence Was Not Actually Destroyed
If the prosecution cannot prove the evidence was successfully destroyed or concealed, the charge may fail.
An unsuccessful attempt generally does not qualify under PC 135.
Lack of Knowledge
If you did not know the item would be used in a legal proceeding, you cannot be convicted.
For example, you may have discarded materials without knowing an investigation was pending.
No Willful Intent
Accidental deletion or routine document disposal does not qualify as willful destruction.
The prosecution must prove deliberate action.
Insufficient Evidence
The government must prove each element beyond a reasonable doubt. Weak or circumstantial evidence may not meet this burden.
What Should You Do If You Are Under Investigation?
If you suspect you are under investigation for destroying or concealing evidence:
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Do not speak to law enforcement without an attorney.
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Do not attempt to alter additional materials.
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Seek immediate legal advice.
Statements made during an investigation can be used against you.
Frequently Asked Questions
Is deleting text messages illegal in California?
It can be illegal if you delete them knowing they will be used as evidence in a criminal investigation or court case.
Is attempting to destroy evidence a crime?
Under Penal Code 135, the destruction or concealment must be successful. Mere attempts may not qualify under this statute.
Can police officers be charged under PC 135?
Yes. Law enforcement officers who willfully conceal or destroy evidence can also face charges.
Is PC 135 a strike offense?
No. It is a misdemeanor and not a strike under California's Three Strikes Law.
Does PC 135 apply to civil cases?
Yes, if the evidence relates to a lawful legal proceeding such as family law or bankruptcy court.
Why Legal Representation Matters
Charges of destroying or concealing evidence often arise in the course of larger investigations.
A conviction can:
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Damage your credibility in court
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Strengthen the prosecution's underlying case
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Create immigration risks
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Affect professional licensing
An experienced defense attorney can:
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Challenge the intent element
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Argue the lack of knowledge
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Negotiate dismissal or reduction
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Protect your rights during investigation
Early intervention can significantly affect the outcome.
Contact a Los Angeles Criminal Defense Attorney
If you are under investigation or have been charged under Penal Code 135 for destroying or concealing evidence, you should seek legal advice immediately.
Our criminal defense team represents clients throughout Los Angeles in misdemeanor and felony investigations.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation using the contact form or call us at (424) 372-3112.
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