Destroying or Altering a Serial Number: Legal Consequences and Defense Options

Altering a Serial Number or destroying a vehicle’s serial number, or VIN tampering, is a severe offense in Arizona with potentially life-altering consequences. 

Under Arizona law, the unauthorized removal, defacement, or alteration of a vehicle’s serial or identification number can lead to felony charges. 

 If you find yourself facing these charges, it’s crucial to understand the legal ramifications and explore your defense options. Litwak Law Group is here to provide the skilled representation you need during this challenging time.

Understanding Arizona’s VIN Tampering Laws

Arizona Revised Statutes § 28-4593 explicitly addresses the crime of VIN tampering. 

This law makes it illegal to knowingly remove, deface, alter, or destroy a manufacturer’s serial or identification number on a motor vehicle or its major components. 

The statute primarily intends to combat the trafficking of stolen vehicles and parts by ensuring that each vehicle maintains its unique identification marks. 

However, VIN tampering can occur for various reasons beyond simple theft or trafficking, and understanding these scenarios is essential.

While vehicle theft is a common reason for VIN tampering, there are several other situations where individuals might violate this law:

• Avoiding Vehicle Registration Fees or Taxes: Some individuals tamper with the VIN to avoid paying registration fees, taxes, or other costs associated with vehicle ownership. By altering the VIN, they may attempt to disguise a vehicle’s true identity, making it appear to belong to a different jurisdiction or exempt from specific fees.
• Fraudulent Sales: VIN tampering is sometimes used to deceive buyers in fraudulent vehicle sales. For example, a seller might alter the VIN to make a salvaged or previously totaled vehicle appear in better condition than it actually is. This type of fraud can result in unsuspecting buyers purchasing unsafe vehicles or paying more than the car is worth.
• Title Washing: Title washing is a practice where the title of a vehicle is altered to remove information about previous damage, such as flood damage or a salvage title. Individuals may attempt to erase the vehicle’s history by tampering with the VIN, making it more marketable or valuable to potential buyers.
• Avoiding Vehicle Recalls: Some individuals may tamper with a VIN to avoid vehicle recalls. By altering the VIN, they attempt to sidestep mandatory repairs or inspections that are part of a recall, which could be required for safety issues.
• Evading Law Enforcement: In some cases, VIN tampering is used by individuals seeking to avoid detection by law enforcement. For instance, someone with a stolen vehicle might alter the VIN to evade identification during traffic stops or other interactions with law enforcement.
• Insurance Fraud: VIN tampering can also be part of an insurance fraud scheme. For example, a person might alter a VIN to file multiple insurance claims on the same vehicle or falsely report a car as stolen to receive an insurance payout.

A violation of this statute is classified as a felony, which can carry significant legal consequences, including imprisonment, fines, and a permanent criminal record. 

Given the broad range of potential motivations for VIN tampering, it’s essential to understand the seriousness of these charges and the importance of obtaining legal representation if you face such allegations.

Potential Legal Consequences of VIN Tampering

Violating Arizona’s VIN tampering laws can result in significant legal penalties. 

Under Arizona Revised Statutes § 28-4593, intentionally removing, defacing, altering, or destroying a vehicle’s serial or identification number is classified as a Class 5 felony.

 If convicted, you could face the following legal consequences:

• Imprisonment: A conviction for a Class 5 felony can result in a prison sentence ranging from 6 months to 2.5 years, depending on factors such as prior criminal history and the case’s specifics.
• Fines: Fines for a Class 5 felony can be substantial. Depending on the circumstances of the offense and the defendant’s financial situation, the court could impose a fine of up to $150,000.
• Additional Legal Consequences: Beyond imprisonment and fines, a felony conviction can lead to the loss of certain civil rights, such as the right to vote or possess firearms. It can also have long-term effects on your personal and professional life, making it difficult to find employment or housing.
• Vehicle Impoundment: If the tampering is part of a broader scheme involving vehicle theft or trafficking, law enforcement could seize and impound your vehicle, leading to further financial and legal complications.

The severity of these penalties underscores the importance of taking VIN tampering charges seriously and seeking qualified legal representation. 

Each case is unique, and the specific penalties you may face will depend on the details of your situation.

Defense Strategies for VIN Tampering Charges

A solid defense strategy is essential when facing VIN tampering charges in Arizona. 

Below are some common defense approaches, along with examples of how they might apply in real-world situations:

Lack of Intent to Commit the Crime

Suppose you purchased a vehicle from a private seller and later discovered that the VIN had been altered. If you can prove that you were unaware of the tampering when you bought the vehicle, you may be able to argue that you did not have the criminal intent required for a conviction. This defense hinges on demonstrating that your actions were not deliberate and that you were an innocent purchaser.

Unawareness of the Altered VIN

Consider a situation where you are a mechanic working on a car brought to your shop for repairs. If, during your routine work, you unknowingly repaired or replaced a part of the vehicle with an altered VIN, you could argue that you were unaware of the VIN tampering. This defense focuses on proving that you did not know about the crime, which could lead to a reduction or dismissal of charges.

The Tampering Was Done Under Duress

Imagine a scenario where you were forced by someone else to alter or remove a VIN under threat of harm. For instance, if a criminal organization coerced you into tampering with a vehicle’s VIN to avoid detection, you could use duress defense. This approach requires showing that you had no choice but to comply due to immediate threats to your safety or well-being.

Mistaken Identity

Sometimes, a defendant might be wrongly accused due to mistaken identity. For instance, if law enforcement suspects you of VIN tampering because your fingerprints were found on the vehicle, but you had only briefly handled the car for a legitimate reason (e.g., helping a friend move it), you could argue that you were not involved in the tampering and that someone else is responsible.

Legitimate Reasons for Vehicle Modifications

If you altered a vehicle’s VIN as part of a legal restoration project, especially for vehicles manufactured before 1981 (as allowed under certain circumstances by Arizona law), you could argue that your actions were within legal bounds. For instance, if you were restoring a classic car and had to temporarily remove and replace the VIN plate to repair the frame, this defense might apply, provided that you had no intention of deceiving anyone.

Each of these defense strategies requires a nuanced understanding of the law and the specific facts of your case. 

At Litwak Law Group, our experienced criminal defense attorneys will carefully review your situation, gather evidence, and develop a tailored defense strategy to reduce or dismiss the charges against you. 

Contact Litwak Law Group Today

Destroying or altering a vehicle’s serial number is not just a minor infraction—it’s a serious crime under Arizona law with significant legal ramifications. 

If you’re facing such charges, acting quickly and securing skilled legal representation is essential. Litwak Law Group is here to help you understand your options, build a strong defense, and work towards the best possible outcome in your case. 

Don’t face these charges alone—contact us today for a consultation.