A Felony That Can Outweigh the Original Charge
Tampering With Evidence (R.C. 2921.12) is a third-degree felony regardless of how serious the underlying offense was. That means someone accused of a relatively minor drug possession charge who allegedly discarded the drugs during a stop can face a felony carrying a substantially greater potential sentence than the original charge — up to 36 months in prison.
The State Must Prove Knowledge of an Investigation
Committing an offense does not automatically mean a person knew an investigation was underway or likely — Ohio's Supreme Court has specifically rejected the idea that knowledge of an investigation can be presumed just because a crime occurred. The State must prove that, at the time of the alleged tampering, the defendant actually knew an official proceeding or investigation was in progress, about to begin, or likely — and that the defendant acted with the specific purpose of impairing the evidence.
Timing Is Often the Central Issue
There is a real legal difference between disposing of something before any police involvement and throwing an object from a vehicle during an active pursuit. The firm builds a detailed timeline — the alleged offense, when police were contacted, what the defendant could see or hear, and when the alleged tampering actually occurred — because that timeline often determines whether the knowledge and purpose elements can be proven.