Seeking Immediate Counsel from a Federal Defense Lawyer is Imperative
The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.
Within this umbrella a wide array of charges may be filed:
More specifically, New York Penal Law 156.00 governs cybercrimes in New York. This section of the Penal Law focuses on five distinct computer crime offenses, namely:
Computer trespass - Penal Law 156.10 - to consciously use, cause someone else to use, or access a computer, computer network/service without authorization with an intent to commit or try to commit or further the commission of a felony. The offense of computer trespass is a class E felony.
Unauthorized use of a computer - Penal Law 156.05 - to consciously use, cause to be used, or access a computer, or a computer network/service without authorization. The crime of unauthorized/illegal use of a computer is a class A misdemeanor.
Unlawful duplication of computer-related material - Penal Law 156.30 - to copy, reproduce, or duplicate in any way any computer data or computer program; therefore, intentionally and wrongfully depriving an owner thereof an economic value in excess of $2,500. Such a crime is a class E felony.
Unlawful copying of computer-related material in the second degree involves copying, reproducing, or duplicating medical records.
Computer tampering - Penal Law 156.20 - to use, cause someone else to use, or access a computer, computer network/service, without authorization and then intentionally alter in any way or destroy computer data or a computer program of another individual. Such an offense is a class A misdemeanor.
Criminal possession of computer-related material - Penal Law 156.35 - to knowingly possess, in any form, any reproduction, copy or duplicate of any computer program or data which was copied, duplicated, or reproduced in violation of NY Penal Law 156.30, with the intention to benefit yourself or another person. Such a crime is a class E felony.
New York cybercrimes range from petty misdemeanors to significant felonies. Whether or not the charge is a misdemeanor or felony depends on factors such as the defendant’s criminal history, the value of the damage caused by the crime, and whether or not the victim suffered a physical injury as a result of the cyber crime. Penalties range from less than a year in jail for misdemeanors to 15 years in prison.
Like many other crimes, cybercrimes often carry with it other charges should such aggravating factors be applicable. Oftentimes, the government will include grand larceny charges where a certain amount of money or property was stolen through the cybercrime. Likewise, identity theft charges are often included due to the nature of cybercrimes. As one could imagine, these additional charges will only add to the exposure that one has at sentencing.
With the ever changing and swift advancements in technology, computer and cybercrimes have become an area of focus for both federal and state prosecutors. Typically, the FBI and related agencies will spend months if not years building these cases, which will include monitoring electronic devices and executing search warrants for troves of data.
Not surprisingly, these technical charges based on years of investigation result in massive discovery productions by federal prosecutors. It is imperative that you hire an experienced federal criminal defense attorney to organize, analyze, and interpret this data in an efficient fashion.
Of equal importance, as it pertains to cybercrimes, your strategic defense attorney will look to hire forensic experts and investigators to counter the government’s evidence pertaining to where, how, and when exactly the cybercrime took place. While a good portion of computer related charges entail digital information, non-digital evidence such as exculpatory witnesses can make all the difference.
Indeed, these charges often hinge upon a web of interrelated electronic data to show that a specific individual used a certain device at a certain time for a criminal scheme. By carrying out an independent forensic investigation, defense counsel can work to impeach the government’s data-backed prosecution by showing certain flaws or holes in identifying the “identity” of the perpetrator.
While laws regarding computer and cybercrimes are now clearer than in years past, the line between legal and illegal electronic activities is still somewhat vague and unclear, leaving many individuals subject to prosecution despite clear criminality. In an area where innocent people can become caught up in serious federal offenses carrying extreme consequences, having a well-respected federal criminal defense attorney standing by your side becomes much more critical.
If you are being prosecuted for a computer or cybercrime, hire a former prosecutor and seasoned federal defense attorney who has dealt with these charges and is well-equipped to fight back. Being charged with an electronic device crime is only one small piece of the puzzle. What your defense attorney does afterwards, by way of investigation and creative advocacy, will both increase your chances of successfully walking away from these accusations and shape the rest of your life.
The sooner you put your case in the hands of an experienced criminal defense lawyer, the more likely your matter will end favorably. Contact The Law Offices of Jason Goldman today.
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