Computer Crimes Defense

Computers have become popular in the current digital world. They come as phones, tablets, laptops, and desktops. However, users must protect their gadgets from hacking and unauthorized interruption regardless of the form.

This is because most of our confidential information is found on these gadgets, and cybercriminals may use it to spread malware, open unlawful accounts, or steal money.

Cybercrimes can be charged at the federal level, considering that the computers used by hackers could be in different states.

What is Computer Crime?

Cybercrime refers to the use of computers to gain unauthorized access to the computer of an individual or organization with the intent of:

• Getting confidential information like financial records or government information
• Destroying, stealing, or altering data
• Getting access to national security secrets
• Committing espionage
• Getting data from a protected computer, i.e., a computer meant for exclusive government use or use by a financial institution.

According to 18 U.S.C. § 1030, computer hacking is ordinarily prosecuted under the Computer Fraud and Abuse Act that incorporates a broad scope of computer violations.

This rule restricts computer hacking and other cybercrimes like:

• Blackmail or extortion
• Misrepresentation
• Spreading malware.

Planning with another person to carry out wrongdoing or endeavouring to perpetrate a cybercrime is ground for federal charges.

Categories of computer crimes

Computer crimes against the government

These crimes target the federal government and its security systems. Examples of such crimes are hacking government websites, spreading propaganda about the government, and breaking into its networks.

Crimes against companies

Here, computer criminals target companies or entities. Such crimes are cyber extortion and data breaches.

Crimes against individuals

These crimes target an individual. For instance, through cyberstalking, phishing, and email harassment.

Types of Computer Crimes

Arizona computer crime laws allow charges for misdemeanors and felonies, from unauthorized access to a computer to gaining access to alter or destroy a network or computer system and defrauding or obtaining property illegally.

It includes the following as computer crimes:

• Computer hacking
• Counterfeiting
• Conspiracy
• Credit card fraud
• Bank fraud
• Wire fraud
• Identity theft
• Phishing
• Online harassment
• Cyberstalking

Computer Crimes Punishment

If you are accused and indicted for government hacking under 18 U.S.C. § 1030, you are looking to serve one year in government jail for minor offenses, 10-20 years for the serious crimes, and life in prison if the computer crime brought about someone's death, although it will rely upon various variables, like

• The seriousness of the crime
• The monetary worth of the stolen data
• The defendant's criminal record.

A government judge will consider the seriousness and the type of offence to figure out what level of punishment is fitting. Fines can be as high as $10,000, and compensation can be pretty high to restore the victim's original financial position before the crime.

Defensses for Computer Crimes

A well-seasoned and experienced lawyer can challenge the hacking charges with different arguments. So, the prosecutor is responsible for providing proof to convict the defendant by showing that they intentionally hacked a computer or tried hacking one.

However, one can mistype words or wrongfully click icons or links that release malware into a protected computer. The defense lawyer can use this as a legal defense since what the defendant did was unintentional. So, the argument can be that the defendant's intent was not criminal and does not warrant a conviction.

We can also establish a constitutional infringement like an infringement of the fourth amendment against unreasonable questioning and seizure.

For instance, if law enforcers took a computer and searched it without a warrant from a judge, all evidence therein may not be accepted by the presiding judge.

If that computer is the only evidence for the case, we may get a total charges dismissal. This defense, however, applies during the pre-trial motions and cannot be decided on trial by a jury.

Another defense could prove that you are a false allegation victim by showing that you did not access the computer unlawfully. You believe in good faith that you were authorized to access the computer.

Contingent upon the subtleties of the case, we could negotiate with the investigator for an ideal plea bargain.

Why choose Katsarelis Law

Computer crimes can be complex and require a defense lawyer to help you protect your rights and eliminate or reduce the crime penalties. Our computer crime defense areas are:

Hacking

We defend clients who have been accused of hacking information databases, corporate servers, personal smartphones, and computers, among other digital or technology assets.

Corruption of government or company insiders

We handle cases of blackmailing, bribery, threats, and other methods used to corrupt government or company insiders within the computer crime allegations context, and our vast experience helps us build a strategic defense.

Data and I.P. theft

We represent current and former employees and individuals accused of illicitly transmitting data from U.S. companies and citizens. Data theft warrants heavy prosecution and carries severe penalties, so we prepare the best defense to protect our clients.

Computer viruses and other computer attacks

Computer attacks used to gain access to proprietary information, disrupt businesses, and secure ransoms, causing severe losses, carry extraordinary penalties. We provide an experienced defense representation to clients, whether entities or individuals facing cyber-attack deployment charges within the country or abroad.

Economic espionage

We represent clients accused of spying, whether the target is public or private companies, universities, or colleges. We represent researchers, professionals, and any other individuals faced with charges of infiltrating U.S. institutions and businesses to get access to proprietary and confidential data.

Identity theft

Using unlawful and intrusive methods to access health or financial information and personal data carries substantial penalties. We handle such cases expertly, as we know each identity theft instance can be prosecuted separately, meaning our clients can face grave liability.

Illegal transactions

We represent entities and individuals accused of buying and selling stolen information, as they can also face prosecution. In addition, the government has enhanced scrutiny on the use of cryptocurrency, as it is a potential threat to national security. As a result, we also represent clients accused of illicit transactions through bitcoin and other digital currencies.

We are here to help you, and we will fight to protect your reputation and freedom. Contact us today for a free and confidential assessment of your case.