California Vehicle Code 10802 Tampering With a VIN

The Vehicle Identification Number (VIN) permanently identifies the vehicle on the road. It can be both a motor number, a serial number, or other distinguishing information. Its main purpose is a registration of the motor vehicle in the Department of Motor Vehicles, DMV, or its tracking. The VIN usually appears in visible places on the motor vehicle, such as a metal plate attached to the dashboard, and in hidden locations like the engine frame. California law makes it a crime to intentionally or knowingly alter or destroy a vehicle identification number (VIN) or misrepresent the vehicle’s identity for selling or transferring it.

Vehicle Code section 10802 Tampering with a Vehicle Identification Number (VIN)

California Law criminalizes several actions that aim to hide or destroy VIN for different purposes. This article will examine California Vehicle Code section 10802 tampering with a Vehicle Identification Number (VIN).

What Actions are Prohibited Under Vehicle Code Section 10802?

To charge the defendant for violating VC section 10802, the prosecutor must prove beyond a reasonable doubt that the defendant committed the following actions with the VIN:

The defendant (1) knowingly altered, destroyed, disguised, falsified, forged, removed, defaced, or counterfeited a VIN; (2) with the intent to: misrepresent the identity of, or prevent the identification of a motor vehicle or motor vehicle part; (3) for the purpose of: transfer, sale, import or export.

What are the Penalties for a Vehicle Code 10802 Conviction?

California Vehicle Code section 10802 is known as a “wobbler offense”, as such, it can either a be charged as a misdemeanor or a felony. Penalties for a misdemeanor Vehicle Code section 10802 conviction will differ from a felony VC 10802 conviction.

Penalties for a Misdemeanor Vehicle Code section 10802 Conviction

A misdemeanor Vehicle Code section 10802 conviction carries the following penalties:

• imprisonment in a county jail for a term up to one year; and/or
• a fine in the amount of up to $1000

Penalties for a Felony Vehicle Code section 10802 Conviction

A felony Vehicle Code section 10802 conviction carries the following penalties:

• imprisonment in a county jail for a term of 16 month, two year, or three years; and/or
• a fine in the amount of up to $25000

The facts of the case and the offender’s history generally decide the type of conviction.

What Are the Possible Defenses for a Vehicle Code Section 10802 Offense

Possible defenses for a vehicle code section 10802 offense may be

• You Defaced the VIN Accidentally

For example, you wished to replace your dashboard and accidentally damaged the VIN. You can use this technique as a defense method since you had no intent or purpose to commit the violation described in section 10802.

• Someone Has Previously Changed the VIN Prior to You Acquiring the Vehicle

• You Didn’t Alter the VIN so That it Could be Sold

For example, you tried to hide the stolen car, by damaging its VIN, though you did not have the purpose to export or to sell the car to a third party.

Experienced Criminal Defense Attorney in Glendale

If you or a loved one has been charged with VC 10802 we invite you to contact  KAASS LAW today at (310) 943-1171, for a free consultation and case review.

Additional Consequences and Important Nuances

In addition to the basic penalties, a conviction under California Vehicle Code 10802 can have long-term consequences. For example, a criminal record can:

• affect your reputation
• make it more difficult to get a job, especially if it involves driving, logistics, or selling cars

If you are convicted of a felony, the consequences may include:

• disqualification from owning firearms
• difficulty obtaining
• licenses restriction of immigration rights

Additional Circumstances Affecting the Classification of the Offense

The court and prosecutor may consider such factors as:

• prior convictions
• participation in an organized scheme to sell vehicles with counterfeit VINs
• the number of altered or damaged vehicles or parts

If there is evidence of intent and purpose, such as selling cars with counterfeit plates, the act will almost always be classified as a felony.

Other Possible Defenses

In addition to lack of intent and prior VIN damage, defenses may include:

• Inadequate evidence: if the prosecution cannot reliably prove that you personally damaged or altered the license plate
• law enforcement misconduct in gathering evidence
• procedural violation of the arrest or search

Why is It Important to Contact an Attorney?

Because VIN violations can be either accidental or the result of serious criminal schemes, it is important to have an experienced attorney. One who can protect your rights and obtain the most favorable outcome possible. The attorneys at KAASS LAW can help you understand the charges against you. They will evaluate the evidence and present possible defense strategies. If you or a loved one is facing charges under California Vehicle Code 10802, contact KAASS LAW. phone (310) 943-1171 for a free consultation and legal assistance.