Defending Against Computer Crimes

Being charged with a computer crime can change your life. Sentences in cybercrime cases can be as long as 20 years. Luckily, the right defense can help you avoid jail and other criminal consequences.

This article discusses several defenses used in cybercrime cases. However, cybercrimes are some of the most complex offenses in criminal law. After reading this article, contact a criminal defense attorney to discuss the best defense options in your case.

What Is a Cybercrime?

Computer crimes involve using computers to commit crimes. A computer crime becomes a cybercrime when the computer is connected to a network (e.g., the internet).

Computers can be used in a wide range of criminal activities. Cybercrimes include everything from cyberstalking to cyberterrorist attacks designed to create or expose vulnerabilities in the nation’s critical infrastructure. Despite their variety, cybercrimes can be grouped into three major categories:

• Computer as a tool: A person uses a computer to commit a crime. Some cybercrimes, such as phishing and other email scams, require a computer. Others, like identity theft, only become cybercrimes when computers are involved.
• Computer as storage: Some people stash illegal content such as stolen credit card information, passwords, and social security numbers on computers.
• Computer as target: In these crimes, a person targets a computer or a computer network. Examples include accessing a computer to obtain others’ personal data, launching a cyberattack (e.g., a malware or ransomware attack), and stealing valuables (e.g., money or intellectual property).

Cybercrime is not limited to traditional computers. Any network-enabled device – including smartphones, tablets, and gaming consoles – can be used in or made a target of cybercrime. So, a student who uses a mobile phone to harass another student on social media may have committed a cybercrime.

What Is the Punishment for Committing a Cybercrime?

It depends. Internet crimes cover a wide range of activities, so predicting the punishment for a convicted cybercriminal is difficult. Factors affecting the sentence for a cybercrime include:

• Whether the charge is a felony or misdemeanor
• Whether you’re a first-time offender
• The amount of illegal or sensitive information involved
• The number of victims
• The amount of damage caused to the computer system or network

How Can I Defend Myself Against a Cybercrime Charge?

If you’ve been accused of committing a cybercrime, you can:

• Attack the prosecution’s evidence
• Use an affirmative defense
• Argue that law enforcement didn’t follow the proper procedures

The following sections will highlight a few defenses in each of these categories.

Defenses to Cybercrime Charges That Attack the Prosecution’s Evidence

At trial, the state must prove its case beyond a reasonable doubt. The defenses below work by casting doubt on the state’s evidence:

• Lack of intent: Most cybercrimes require intentional actions, so evidence of a lack of intent on your part will hurt the prosecution’s case. For example, showing that you didn’t know the file you uploaded contained malware would undermine any claim that you intended to disrupt the computer’s operating system.
• Consent: Many computer crimes punish unauthorized access into computer systems or networks. Proving that you had permission to enter the system will challenge the state’s case.
• Forensics: Forensic experts look for evidence at crime scenes. Digital forensics specialists search for clues on computers and in cyberspace. However, the science of digital forensics is far from perfect. Pointing out forensic flaws could help your defense.
• Alibi/mistaken identity: In addition to proving that a crime was committed, the prosecutor must prove that you committed it. But proving who actually used a computer can be difficult. Evidence showing that multiple people had access to the computer or network at issue could make it harder for the jury to believe you were responsible.

Affirmative Defenses to Cybercrime Charges

In an affirmative defense, the defendant acknowledges they committed the crime. But if the jury accepts the defense, the defendant will be acquitted. Here are two common affirmative defenses in computer crime cases:

• Duress: This defense requires proof that you only committed the crime because you or a loved one were threatened with bodily harm.
• Entrapment: Here, you argue that you were not planning to engage in criminal activities and only did so because a government agent (usually a police officer) persuaded you.

Procedural Defenses to Cybercrime Charges

The U.S. Constitution gives Americans certain rights in criminal cases. These protections include the right to be free from unreasonable searches and seizures, the right against self-incrimination, and the right to counsel. Many state constitutions offer stronger protections than those in the federal constitution.

These protections are crucial in cybercrime cases. For example, computers can hold millions of files. When searching a computer, police must respect the limits of the search warrant. Failure to do so may result in evidence being thrown out or the dismissal of the case.

Tell your defense attorney about every interaction with law enforcement agencies and officers. This information will help them decide if any procedural defenses apply in your case.

Get Help Defending Yourself Against Cybercrime Charges

Sentences in cybercrime cases often include jail time, fines, and restitution. A solid defense is the best way to avoid these consequences. An experienced criminal law attorney is the best person to create your defense. If you or a loved one has been charged with a cybercrime, use LawInfo to find a criminal defense lawyer near you.