The Law Behind Tampering with Evidence in Atlanta Case Concerning the Shooting of a Toddler

Reports have come out about a 3-year-old boy who was shot in NW Atlanta after his parents took him to the hospital with a gunshot wound. Both parents have been charged in relation to the incident.

The young boy's father and mother are facing the following charges:

• Reckless Conduct in Georgia
• Cruelty to Children in Georgia

The boy's father is also facing a charge of tampering with evidence. Both parents have been released on bond from the Fulton County Jail. The police have yet to determine who is responsible for the shooting of the toddler, but they believe after investigations that both parents were present during the incident.

As an Atlanta Criminal Attorney, I will focus on the criminal offense of tampering with evidence in today's post so we can get a better understanding of the charges faced by the boy's parents in connection with this case.

Tampering with Evidence in Georgia

The Georgia Code defines tampering with evidence in Georgia as:

A person commits the crime of tampering with evidence when they knowingly destroy, alter, conceal, or disguise physical evidence. O.C.G.A. §16-10-94.

According to Georgia law, tampering with evidence can also be accomplished by making, devising, preparing, or planting false evidence. The intent of the tampering can be to either prevent the apprehension of a person or to obstruct the prosecution or defense of the accused.

Tampering with evidence can be classified as either a misdemeanor or a felony offense in Georgia. The severity of the classification and therefore of the penalty depends on the circumstances of the offense.

Tampering with evidence is classified as a felony if a person tampers with evidence during the prosecution of a felony that involves another person. If convicted, they will face a penalty of one to three years in prison. Tampering with evidence during the prosecution of a serious violent felony involving someone else will also result in the defendant being charged with a felony. Further, the punishment will include a prison term of one and ten years.

Tampering with evidence is classified as a misdemeanor if a person tampers with the evidence regarding his own case. If convicted, they will face a penalty of a fine up to $1,000 and 12 months in jail.

Practice Note

Wrongful accusations happen more often than any of us would like to admit. As an Atlanta Criminal Lawyer, I know that there are two sides to every story. The more gruesome or shocking the accusation or the arrest, the more people tend to immediately classify someone as guilty.

This could not be farther from the truth. No one should be deemed guilty from the start. Everyone should be considered innocent until proven guilty beyond a reasonable doubt.

If you or a loved one has been accused or arrested for committing a crime in Georgia, contact our offices today.