How can an attorney help with computer hacking charges?

How an Attorney Can Help with Computer Hacking Charges

Getting charged with computer hacking can be really scary. You may be wondering, what exactly did I do wrong? Was it really illegal? What’s going to happen to me now? Am I going to jail? Luckily, having a good attorney on your side can help make the process less intimidating. Keep reading to learn more about how an attorney can help with computer hacking charges.

What is Computer Hacking?

First things first, let’s talk about what computer hacking actually is. There’s a lot of confusion around this term. Basically, computer hacking refers to illegally accessing a computer system without permission. There are a bunch of laws that make different types of hacking illegal. The main ones are:

• The Computer Fraud and Abuse Act (CFAA) – This is the main federal anti-hacking law. It makes it illegal to access a computer without authorization or to exceed your authorized access. It also bans damaging protected computers.
• State computer crime laws – Many states also have their own laws prohibiting hacking and unauthorized computer access.

So if you accessed someone’s computer, email, social media, etc without permission, you could potentially face hacking charges. There don’t have to be damages for it to be illegal. Just that initial unauthorized access is enough. Scary right? But don’t panic yet. An attorney can really help.

How an Attorney Can Defend You

The good news is there are a lot of defenses an experienced attorney can use to fight computer hacking charges. Here are some of the main ones:

You Didn’t Exceed Authorized Access

One big defense is that you never exceeded your authorized access to the computer system. Maybe you had permission to access the computer, but just used that access in a way the owner didn’t like. Or maybe you had shared login credentials. In cases like these, you may not have violated the CFAA at all. An attorney can argue you stayed within your authorized access.

No Harmful Intent

Another defense is that you had no intent to harm the computer system or owner. With hacking crimes, prosecutors have to prove you intentionally accessed the system knowing it was illegal. If it was just an accident or honest mistake, your attorney can use that to fight the charges.

Violation of Terms of Service

Many hacking charges come from violating a website or company’s Terms of Service (ToS). But ToS violations alone may not be illegal. An attorney can argue the ToS violation does not rise to the level of a criminal offense under the law. Big difference!

CFAA is Unconstitutional

There have also been some challenges to the CFAA itself. Some argue it is too broad and vague. Your attorney may be able to challenge the constitutionality of the law altogether and get the charges dismissed that way.

Violation of Your Rights

If the police violated your rights while investigating the alleged hacking, an attorney can get the case thrown out. For example, if they searched your devices without a warrant. Or interrogated you without reading you your rights. Any shady police behavior could lead to dismissal.

As you can see, an experienced criminal defense attorney has many ways to defend against hacking charges and get them reduced or dismissed. Don’t panic or lose hope if you are charged with hacking. Get a lawyer on your side ASAP.

An Attorney Can Negotiate a Plea Deal

Let’s say the evidence against you is pretty strong and your attorney doesn’t think they can get the charges dismissed entirely. Pleading guilty is still not your only option. An attorney can negotiate with the prosecutor for a plea deal. This means pleading guilty to a lesser charge in exchange for a lighter sentence. Some common plea deals in hacking cases include:

• Plead guilty to misdemeanor unauthorized access instead of felony hacking
• Plead guilty to a non-hacking charge like criminal trespass
• Diversion program instead of jail time

Because the CFAA is so broad, there is often room for a plea deal that avoids the most serious hacking felonies. An attorney knows how to negotiate these favorable deals. Don’t take the prosecutor’s first offer – make them work for it!

An Attorney Can Get You a Better Sentence

If you do end up pleading guilty or getting convicted at trial, an attorney can still help minimize the sentence. How? A few ways:

• Present mitigating factors to the judge – like no criminal history
• Get expert witnesses to testify at sentencing
• Challenge any sentencing enhancements
• Argue for alternatives to jail time like probation or house arrest

Judges have a lot of discretion at sentencing. An attorney knows how to present the most sympathetic facts to get you the lightest punishment. Don’t just hope for the best – fight for it!

An Attorney Can Explain the Consequences

If you’re charged with hacking, you probably have tons of questions about what this means for your future. Can I still use computers? Will I have a record? What are the long term impacts? A knowledgeable attorney can explain the potential consequences so you understand what you’re facing. Some key things they should cover:

• Immigration consequences if you’re not a U.S. citizen
• Potential for a criminal record
• Lost custody or visitation rights
• Difficulty getting a job, especially in tech/finance fields
• Possible restitution to victims
• Any restrictions on computer or internet use

Knowing the possible outcomes can help you make informed choices when fighting the charges. Don’t be left in the dark – ask your attorney to give it to you straight.

Finding the Right Attorney

Not just any lawyer will do when facing hacking charges. You want someone with specific experience in this technical area of criminal law. Here are some tips for finding the right attorney:

• Search for lawyers who specialize in cybercrime, internet law, or computer hacking cases specifically.
• Ask about their experience defending CFAA charges – you want someone well-versed in the intricacies of this law.
• Look for someone up-to-date on technology and cybersecurity issues.
• Consider a former prosecutor – they have insight into the other side.
• Ask about trial experience – you want someone aggressive who won’t back down easily.

Don’t stop at the first lawyer you find. Interview several to find the best fit. This is a complex area of law so expertise is key. And be sure to ask about fees upfront so there are no surprises. Rates can vary widely.

Finding the right lawyer to fight your hacking charges will make this stressful situation much more manageable. Don’t go it alone. The law is on your side – you just need the right guide. Stay positive and keep fighting. This too shall pass.

References

Here are some references cited in this article:

• Computer Fraud and Abuse Act (CFAA) – 18 U.S.C. §1030
• Electronic Frontier Foundation – CFAA Reform
• Lawfare – Narrowing the CFAA
• Wired – The CFAA is a Failed Experiment
• National Conference of State Legislatures – Computer Hacking Laws