As the internet has evolved, the law has also needed to expand to handle a subset of white-collar crimes known as cybercrimes. They are generally nonviolent, but penalties for cybercrimes can be severe. It’s essential to hire a defense attorney with experience in cyberlaw and internet crimes. They can be misdemeanors or felonies and may be prosecuted under state or federal law.
Being charged with cybercrime is serious, and you need an attorney with the resources and detail-oriented care to provide you with a strong defense. At The Vitaliano Law Firm, we have years of experience with white-collar criminal defense and computer and internet crime defense. Also, with our prosecution experience, we know how prosecutors work and can use that to strengthen your defense. Internet crimes can have extreme fines and jail time, and you need an attorney who will tailor your defense to your needs and help to lessen or negate your penalties.
A cybercrime in federal and state law refers to a number of crimes, frauds, or offenses that involve a computer, the internet, or another network. These offenses are generally crimes against personal identity and safety. Cybercrimes include:
You do not have to physically use a computer for the crime to be considered a computer crime. Targeting a computer and using any electronic device for an internet crime is a cybercrime. Under New York law, the types of computer crimes include unauthorized use of a computer, computer trespass, and computer tampering.
Because the internet is under the jurisdiction of the Federal Communications Commission (FCC), many cybercrimes are prosecuted on the federal level. Most often, federal charges are used for large schemes of internet fraud or crimes that involve government networks. However, essentially an internet crime can be charged as a federal crime. Someone charged with hacking may face penalties at both the state and federal levels.
Cyberlaw is a complex and highly technical area of criminal law. You need an attorney for any favorable outcome to your case. Without a strong defense, you are much more likely to face severe fines, jail time, and other consequences that can affect the rest of your life. A cybercrime attorney knows what defenses are available to you and how to argue down your charges — or even get them dropped.
It’s essential that you find an attorney who has prior experience with cases like yours. When you hire an internet crime defense attorney, you need a firm with an understanding of technology, cyberlaw, and criminal defense. Your attorney should also be able to tailor their approach to your circumstances, using their experience to craft a comprehensive defense strategy.
A state cybercrime can be charged as a misdemeanor or a felony under New York’s Penal Law. Since internet crimes are under federal jurisdiction and often cross state lines, you may face federal penalties in addition to state penalties. The state computer and internet crimes are:
This occurs if a person knowingly uses, accesses, or causes a computer to be used without authorization. This also applies to computer services and networks.
This refers to a person knowingly using, accessing, or causing a computer, computer network, or computer service to be used without authorization. The person must also do that intending to commit, attempt, or further a felony offense, or knowingly access computer material.
In the fourth degree, this includes a person who accessed a computer, computer service, or computer network without authorization. They might also intentionally alter or destroy computer data or programs belonging to another person.
In the third degree, in addition to the crimes of tampering in the fourth degree, this means the person also:
In the second degree, computer tampering includes crimes of the fourth degree, and also:
In the first degree, computer tampering includes the crime of the fourth degree and causes more than $50,000 in damages for intentionally altered or destroyed data and programs.
A: Cybercrime defense attorneys can gather evidence and create a defense for those accused of cybercrimes. These lawyers must have experience with and understanding of evolving technology, internet, and computer crime law at the federal and state levels, as well as criminal defense.
A: The unauthorized use of a computer under the New York Penal Law refers to a person intentionally and knowingly using a computer without authorization.
A: A computer crime is any criminal offense conducted while using a computer or another electronic device or targeting a computer. Often, computer crimes revolve around identity and safety fraud of companies or individuals. They include hacking, fraud, identity theft, unauthorized use of a computer, computer tampering, and computer trespass. These crimes often fall under federal jurisdiction.
A: The cost of a computer crime attorney depends on their experience, location, and how complex your case is. If your case needs extreme investigative work, many court appearances, or will likely go to trial, this will also increase the cost of an attorney. Talk with a prospective attorney to get a better understanding of the cost of your cybercrime case.
If you need personalized and effective legal representation for a cybercrime, contact The Vitaliano Law Firm today.