Description

Two California laws prescribe punishment for Altering a Vehicle Identification Number (VIN). It is a misdemeanor crime to alter or destroy a VIN, however a more serious crime may be charged if the VIN is altered in order to misrepresent or hide the identity of the vehicle or for the purpose of selling or transferring it.

What does the prosecutor have to prove?

1. Defendant knowingly altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated or removed vehicle identification number.
2. Defendant intended to misrepresent the identity or prevented the identification of motor vehicles or motor vehicle parts, for the purpose of sale, transfer, import, or export.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No