Criminal Defense Lawyers

Answering FAQs About Federal Cybercrime Charges in NYC

Answering FAQs About Federal Cybercrime Charges in NYC

Dealing with federal cybercrime charges can feel overwhelming. You probably have a ton of questions about what these charges mean and what consequences you may face. I totally get it – this is confusing legal stuff. I wanted to walk through some frequently asked questions to help make things a bit clearer for anyone dealing with federal cybercrime charges in New York City.

What exactly are federal cybercrime charges?

Cybercrime refers to crimes committed using computers, networks, or devices. It covers everything from hacking to identity theft to cyberbullying.Federal cybercrime charges are brought under federal laws that deal with computer and internet crimes. Some of the main laws include:

• The Computer Fraud and Abuse Act (CFAA) – this covers hacking, malware, and unauthorized access to computers and networks. It’s one of the main federal laws for cybercrimes. 
• Wire fraud statutes – these deal with schemes to defraud others using communications technology like the internet or phones. 
• Identity theft laws – charges may be brought for identity theft and fraud under laws like 18 U.S. Code § 1028. 

So federal cybercrime charges could relate to all kinds of tech-enabled crimes, from hacking to online scams and fraud. The charges are brought in federal court rather than state court.

What are potential penalties for federal cybercrime convictions?

The penalties really vary case by case. But some of the potential maximum sentences for federal cybercrime convictions include: 

• Violating the CFAA – up to 20 years in prison and hefty fines
• Wire fraud – up to 20 years imprisonment and $250,000 in fines
• Identity fraud – up to 15 years imprisonment
• Access device fraud – up to 10 years imprisonment

Judges have a lot of discretion in sentencing though. The ultimate penalty depends on the specific circumstances of the case and the defendant’s criminal history. Many first-time offenders may get probation or far less than the maximum sentence. But cybercrime sentences can still be severe, so it’s important to take the charges seriously.

What are common defenses against federal cybercrime charges?

There are a few common defenses that may apply:

• You didn’t actually commit the crime – For hacking and identity theft charges, you may argue that someone else used your device or identity. Proving you weren’t the actual perpetrator can defeat the charges.
• You had permission – For instance, with CFAA charges, you may claim you had permission to access the computer or network. This authorization could invalidate the charges.
• The law doesn’t actually apply – In some cases, the prosecution may be overreaching in applying a federal law. A cybercrime defense attorney can argue the law used for the charges doesn’t actually cover your conduct.
• Lack of criminal intent – For some federal cybercrime laws, prosecutors have to prove you knowingly and willfully committed the crime. You may be able to argue you didn’t actually intend to break the law.

But cybercrime laws are complex. The best defense depends a lot on the specific charges and facts of your case. An experienced federal cybercrime lawyer can help assess the options and build the strongest defense.

Should I get a lawyer for potential federal cybercrime charges?

Yes – you should absolutely get a lawyer if federal agents contact you about an investigation or if you’ve already been charged. A skilled cybercrime defense attorney can protect your rights and interests from the earliest stages of the case.Trying to navigate federal charges alone is extremely unwise. These cases can involve complex laws and procedures. Even if you think you’re innocent, an experienced lawyer is essential to build an effective defense. They understand how to negotiate with prosecutors, challenge evidence, and minimize penalties if convicted.Don’t take chances with your future. Get experienced legal help right away if facing federal cybercrime charges.

What happens if I’m charged with federal cybercrimes?

Here’s a quick rundown of what to expect if you’re charged:

• Arrest – Federal agents may arrest you if they believe you committed a cybercrime. After arrest, you’ll be taken to appear before a judge who informs you of the charges against you.
• Hearings – There will be several hearings where prosecutors present evidence and you can challenge it through your lawyer. This includes a preliminary hearing and a grand jury hearing.
• Grand jury indictment – A grand jury will decide whether to issue an indictment formally charging you. An indictment means your case is heading to trial.
• Plea negotiations – Your lawyer can negotiate with the prosecution to potentially plead guilty to lesser charges or fewer counts in exchange for a lighter sentence.
• Trial – If no plea is reached, your case heads to a trial where a jury hears the evidence and reaches a verdict. Federal cybercrime trials can be highly complex.
• Sentencing – If found guilty, the judge determines your penalty at a sentencing hearing. Your lawyer can argue for leniency.

This is just a general outline – every case is different. An attorney helps guide you through the process and protects your rights every step of the way.

What should I do if I’m under investigation for cybercrimes?

Here are some important tips if federal agents contact you about an investigation:

• Don’t talk to them without an attorney – Politely decline to answer questions without your lawyer present. What you say can be used against you.
• Hire a lawyer ASAP – Get experienced legal counsel on your side immediately to deal with federal agents and build a defense.
• Don’t tamper with evidence – Don’t delete anything that could be relevant to the investigation – this can lead to obstruction of justice charges.
• Follow legal advice – Your lawyer will guide you on how to respond to investigative requests and subpoenas. Carefully follow their advice through the process.
• Consider a proactive investigation – Your attorney may recommend hiring a private cybercrime investigator to analyze the digital evidence and help build your defense.

The key is not to panic. With an experienced federal cybercrime defense lawyer advising you, you can effectively exercise your rights and protect yourself as the process unfolds.

What kinds of cybercrimes are prosecuted federally?

Federal prosecutors tend to prioritize large-scale, sophisticated cybercrimes with a national reach. Some examples of cybercrimes often prosecuted federally include:

• Hacking schemes – Crimes involving breaching major institutions like government agencies, banks, and corporations. 
• Ransomware attacks – When ransomware is used to extort major companies and infrastructure.
• Dark web crimes – Such as trafficking in drugs, weapons, or illegal pornography on hidden sites.
• Cyberstalking – Harassment and threats across state lines.
• Cyber fraud rings – Sophisticated online and telephone scams that operate across jurisdictions.
• Botnet attacks – Using networks of infected devices to launch major DDoS or malware attacks.
• Insider data theft – Employees stealing and selling large amounts of sensitive data.
• Child exploitation – Producing or distributing child sexual abuse material.

State prosecutors tend to handle smaller-scale cybercrimes limited to their jurisdiction. But federal agents are very aggressive in pursuing large cybercrime networks.

What are the top federal cybercrime agencies?

There are a few key agencies that investigate major cybercrimes:

• FBI – The Federal Bureau of Investigation has a Cyber Division. FBI cyber agents handle hacks, online fraud, identity theft, and other cybercrimes. 
• Secret Service – The U.S. Secret Service investigates cybercrime relating to financial systems and networks.
• IRS – The Internal Revenue Service investigates cybercrimes like wire fraud and identity theft involving taxes.
• ICE – Immigration and Customs Enforcement probes cybercrimes with international connections.
• USSS – The U.S. Secret Service battles digital crimes like computer fraud and online threats.

There are also cybercrime units within agencies like the DOJ, NSA, and U.S. Postal Inspection Service. Various federal agencies closely coordinate in investigating major cybercrime cases.

What should I know about the CFAA?

The Computer Fraud and Abuse Act (CFAA) is one of the most important federal cybercrime laws. Here are some key facts about it:

• Enacted in 1986 to criminalize computer tampering and intrusions.
• Covers accessing computers without authorization, damaging computers, trafficking passwords, and other computer misuse.
• CFAA charges often involve hacking, malware attacks, insider data theft, and circumventing security measures.
• Maximum sentences increased over time and can be up to 20 years imprisonment.
• Critics argue the CFAA is overly broad and harsh and can be abused by prosecutors.
• Requires showing the defendant intentionally accessed a computer without authorization or exceeded permitted access.
• Raises tricky issues about what counts as authorized access to a system or website.

If you’re charged under the CFAA, having an attorney experienced with this complex statute is critical. The right legal defense can make all the difference in the outcome.I hope this overview helps provide some answers to frequently asked questions about federal cybercrime charges in New York City. Dealing with a federal investigation or prosecution can be daunting. But an experienced cybercrime defense lawyer can guide you through the process, protect your rights, and develop an effective legal strategy. Don’t hesitate to seek out knowledgeable legal counsel if you are facing allegations of any kind of cybercrime.

Resources

Videos explaining federal cybercrime laws

• Computer Fraud and Abuse Act (CFAA)
• What is the CFAA? | Computer Fraud and Abuse Act Explained
• Wire Fraud Federal Statutes Explained

Articles with more information:

• Computer Crime Laws (FindLaw)
• Cybercrime – What It Is and How to Fight It (Experian)
• Cybercrime (FBI)
• Cyber Crime (Justice.gov)