Top Smithtown, NY Computer Crime Lawyers Near You

What Are Computer Crimes?

Computer crimes or cyber crimes can include any criminal activity using a computer. Computers are involved in our daily activities and take many forms. Computer crime can include more than a desktop or laptop. Computer crime can also involve smart phones or any other method to access computer networks or electronic devices. Some cybercrimes that rely on a computer, including:

• Identity theft
• Wire fraud
• Intellectual property theft
• Financial data theft
• Software piracy
• Hacking
• Phishing
• Use of Malware
• Denial of Service (DOS) attacks

Identity theft is a common part of computer crimes and can be used in other criminal activities. Identity theft involves the use of personally identifying information of another, without permission. This includes using another person’s information to obtain credit, goods, loans, or other benefits. Common computer crimes involving identity theft include taking out loans, opening a credit card, or buying products online using someone else’s identity or credit.

Most computer crime is financially motivated. A computer can be used to unlawfully access financial records to transfer money or steal information. Other computer crimes can use the computer for blackmail or extortion. Hacking and the use of malware can be used to lock out access to computers or cause damage to computer networks.

What Are Types of Computer Crime?

Many crimes can be committed with the use of the internet, smartphones, or a computer. Crimes that would have been traditionally committed in person or through other means are not conducted online. A computer or mobile device can be used in the commission of:

• Credit card fraud
• Insurance fraud
• White collar crimes
• Sex crimes
• Child pornography
• Prostitution
• Stalking
• Drug trafficking
• Hate crimes
• Money laundering
• Selling stolen goods.

Crimes that used to be committed in person can be moved online to provide secrecy and anonymity. Computer crimes can be committed across state lines or thousands of miles away. Using new email accounts, public wifi, or VPNs can help obscure the user’s identity.

Many computer crimes are committed using regular websites or social media accounts. Drugs and stolen goods can be trafficked using Facebook, eBay, craigslist, or other online platforms. There are also “dark web” sites that are more targeted for criminal activity. The “grey web” includes forums and websites that are openly accessible but may contain hacking tools or stolen account information.

When Is Computer Crime a Federal Offense?

Even if you are only active in your own state and never cross any borders, computer crime can be considered a federal crime. In general, states have jurisdiction over crimes committed in the state. However, because the internet crosses state lines and is international, crimes committed online are often considered federal law offenses.

Under the Computer Fraud and Abuse Act (CFAA), it is a federal offense to steal, damage, or illegally access a computer system. Generally, accessing a computer or computer network without valid authorization can be a criminal offense. This may include remote access or hacking. The penalties for a conviction of computer fraud in federal court can include imprisonment for up to 10 years and a fine. A second offense can result in up to 20 years in federal prison.

What Are the Penalties for Computer Crime?

The penalties for computer crime can include jail time, fines, and restrictive probation. The criminal penalties can depend on the underlying offense. If the crime was committed through the unlawful or unauthorized use of a computer, criminal penalties could include from one to 20-years in jail.

Other crimes may be prosecuted the same as if they were committed offline. For example, if someone used a computer to sell stolen car parts online, they may be charged with receiving or selling stolen goods, without regard to the computer.

What Are Defense Strategies for Computer Crime Charges?

Many innocent people are charged with computer-related offenses. One of the complications with internet crimes is that it is possible to use another person’s computer, internet service provider (ISP), or online accounts to commit fraud. Hackers can gain access to another person’s accounts or wireless router without their knowledge. It can be a defense to computer crime charges if someone else may have accessed your account.

Another legal defense for computer crime charges includes unlawful search or seizure. If the law enforcement agencies conducted an unlawful search without a warrant, that may be a violation of your 4th amendment constitutional rights. Your criminal defense lawyer may be able to have the unlawfully gained evidence suppressed and kept out of court.

When Should I Call a Criminal Defense Lawyer?

Computer crime lawyers in New York can defend you against criminal charges. There may be serious criminal penalties involved in cyber crime charges, including a prison sentence, fines, and a permanent criminal record. Experienced computer criminal defense attorneys understand the technical and legal aspects of computer crime defense. An experienced attorney can help you explore your legal defense options.