Defense Against Charges of Cybercrime and Online Identity Theft

Cybercrime charges have become more commonplace as people conduct more of their lives online. To keep up with changing technologies, state and federal lawmakers continue to create new categories of crimes, like hacking, phishing, and internet fraud. Likewise, law enforcement agents and prosecutors apply traditional laws in new and unique ways to prosecute people for alleged criminal activity that occurred over the internet.

State and federal law enforcement agencies take internet crimes seriously. They aggressively investigate and prosecute cybercrime and allegations of online identity theft, often seeking maximum sentences in these cases. Because technology is constantly evolving, defending against internet crimes requires a specialized approach.

If you are under investigation or have been charged with a cybercrime or online identity theft, you need an aggressive criminal defense team that has the knowledge, experience, and resources to aggressively defend you. The criminal defense team at Just Criminal Law is uniquely positioned to represent people accused of cybercrimes. We have an in-depth understanding of cybercrime charges and a keen insight into how prosecutors investigate and prosecute online criminal activity. We pursue every avenue to protect our clients and preserve their one shot at justice.

What is Cybercrime?

“Cybercrime” is a broad category of criminal offense that covers any crime committed using a computer, the internet, a mobile phone, or another technological device. Common examples of cybercrimes include:

• Identity theft
• Phishing
• Hacking
• Counterfeiting
• Ransomware
• Extortion
• Bank fraud

Unfortunately, far too many people are wrongfully accused of cybercrimes. If you believe you are under investigation or have been charged with an internet crime in state or federal court, you need an experienced criminal defense team on your side. A successful cybercrime defense requires a multifaceted approach that addresses both the legal and technical elements of the government’s case.

What Are the Penalties for a Cybercrime Conviction?

Because cybercrime is such a broad category of criminal offenses that encompasses any criminal activity involving the use of a computer or other technological device, the penalties for a cybercrime conviction vary substantially based on the specific offense and the statute under which the crime is prosecuted. In addition, cybercrimes can be prosecuted under state or federal law.

Defending Against Cybercrime Charges

Defending against cybercrime or online identity theft charges is a highly technical and specialized area of the law. The specific defenses available will depend on the specific criminal charges you are facing. Common cybercrime defenses include:

• Lack of intent — Willfulness is a required element in most cybercrimes. Our criminal defense team may be able to defeat the cybercrime charges by showing you did not have the intent to commit a crime.
• Authorized use — Consent can be a powerful defense in a cybercrime case. If you had permission to use someone else’s financial information, you cannot be convicted of an online theft offense. Or, if you were charged with unauthorized access of a computer system, you may be able to defeat the charges by showing you had permission to do so.
• Mistaken identity — Because cybercrimes are often committed using a computer, phone, or tablet, it can be difficult for the prosecution to establish who actually committed the alleged crime. Unfortunately, some people are wrongfully accused of internet crimes because someone else was using their computer, electronic device, or WiFi.
• Constitutional violation — Law enforcement officials are prohibited from conducting unlawful searches and seizures. If the police, FBI, or another law enforcement agency violated your constitutional rights by conducting a search without a warrant or probable cause, the evidence obtained may not be admissible in court.
• Technical flaws — Defending against a cybercrime or online identity theft charge almost always requires having a technical expert on your team. A technology expert can provide invaluable insight into the technical elements and develop a strong defense by identifying weaknesses in the prosecution’s case.

Protecting Yourself Against Cybercrime Charges

If you were contacted by law enforcement and asked to turn over your electronic devices, understand you are likely the target of a cybercrime investigation. If the investigation occurred at your workplace, your devices may have already been searched. If the request was for personal devices, do not turn them over until you have spoken to a team of experienced cybercrime defense professionals. Our team can guide you through discussions with law enforcement agents, protect you against incriminating yourself, and try to negotiate for less severe charges or even dismissal of the case.

Just Criminal Law: Your Defense Against Wyoming Cybercrime Charges

If you are under investigation or were accused of online identity theft or another cybercrime, remember you are presumed innocent until proven guilty beyond a reasonable doubt. Act quickly to contact our experienced criminal defense team. We will carefully investigate the charges against you and build a comprehensive strategy to defend you against the cybercrime charges.

To learn more, contact us today to schedule your personalized case review and strategy session.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.