Tampering with Physical Evidence in New Jersey

N.J.S.A. 2C:28-6 · Offenses Against Public Administration

What the law says

A person commits this offense if, believing an official proceeding or investigation is pending or about to be instituted, the person tampers with physical evidence to impair its verity or availability. The offense also covers knowingly using or preparing false physical evidence with the purpose of misleading a public servant engaged in the proceeding or investigation.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:28-6, that means:

• The person believes that an official proceeding or investigation is pending or about to be instituted.
• The person alters, destroys, conceals, or removes an article, object, record, document, or other thing of physical substance.
• The person acts with the purpose of impairing the physical evidence’s verity or availability in the proceeding or investigation.
• Alternatively, the person makes, devises, prepares, presents, offers, or uses an article, object, record, document, or other thing of physical substance, knowing it to be false.
• For the alternative form, the person acts with the purpose of misleading a public servant engaged in the proceeding or investigation.

How the charge is graded

• A crime of the fourth degree.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging whether the conduct meets the statute's specific elements
• Bodycam and dashcam video review of the police encounter
• Lack of purpose or knowledge
• Negotiating downgrades to municipal court where appropriate

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Tampering with Physical Evidence charge.

Related charges

• Bribery →
• Official Misconduct →
• Perjury →
• False Reports to Law Enforcement →
• Witness Tampering →
• Obstructing Administration of Law →
• Resisting Arrest →
• Eluding a Police Officer →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.