Tampering with Evidence

Tampering with evidence in Florida means destroying, altering, concealing, or fabricating a record, document, or thing to impair its use in a known investigation. It’s a third-degree felony—punishable by up to 5 years in prison and a $5,000 fine—so fast, strategic defense matters.

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Tampering with Evidence Florida: The Law (§918.13)

Under Florida Statute §918.13, anyone who knows an investigation or criminal proceeding is pending—or about to start—cannot alter, destroy, conceal, remove, make, or use an item to mislead or impair the evidence. Prosecutors frequently add tampering with evidence to drug, theft, or battery cases.

Penalties for Tampering with Evidence in Florida

Tampering with evidence Florida is a third-degree felony. Penalties include up to 5 years of imprisonment or probation and a $5,000 fine. Actual outcomes depend on your prior record and case facts.

Jurors are instructed using Florida’s Standard Jury Instruction 21.8 (Tampering with or Fabricating Physical Evidence).

Examples of Tampering with Evidence Florida

  • Flushing or hiding drugs when officers approach
  • Smashing a phone or deleting a video after a fight
  • Shredding records or receipts before a subpoena arrives
  • Submitting fabricated photos or falsified screenshots

Defenses to Tampering with Evidence Florida Charges

  • No knowledge that an investigation or proceeding was pending
  • No intent to impair or hide the item’s truth or availability
  • Item wasn’t “evidence” or wasn’t material to the case
  • Chain of custody or misidentification issues
  • Illegal search/seizure leading to pretrial motions to suppress evidence

Related issue: If law enforcement loses or fails to preserve material evidence, due-process arguments may apply. See our article on preservation of evidence.

What To Do If You’re Accused of Tampering

  1. Do not discuss the case with anyone except your lawyer.
  2. Preserve texts, videos, and devices—don’t delete anything.
  3. Write a brief timeline while details are fresh.
  4. Ask about motions to suppress or dismiss and review the court process.

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FAQ: Tampering with Evidence Florida

Is tampering with evidence always a felony?

Yes. §918.13 defines tampering with evidence in Florida as a third-degree felony.

What’s the maximum punishment for tampering with evidence?

The maximum penalty is 5 years imprisonment or probation and a $5,000 fine.

How does this differ from witness tampering?

Witness tampering under §914.22 involves influencing or harassing witnesses; tampering with evidence focuses on destroying or fabricating physical evidence.

Talk to an Orlando Tampering with Evidence Lawyer

If you’re under investigation or charged with tampering with evidence Florida, call 407-214-3837 or contact us online. The earlier we step in, the more options we have to protect you.