FAQs About Cybercrime Charges in Georgia

Dealing with cybercrime charges in Georgia can be confusing and scary. This article answers some frequently asked questions to help you understand these charges better.

What are the most common cybercrimes in Georgia?

Some of the most common cybercrimes that people get charged with in Georgia include:

• Computer invasion of privacy – Accessing someone’s private financial or personal data without permission
• Computer password disclosure – Giving away passwords without authority that can cause over $500 in damages
• Computer forgery – Changing, deleting or creating false data on a computer or network
• Computer theft – Stealing data or proprietary information from a computer
• Computer trespass – Interfering with or causing damage to a computer system
• Cyberstalking – Using electronic means to harass or intimidate someone
• Online child pornography – Possessing, distributing or downloading child pornography
• Identity theft – Stealing someone’s personal information to commit fraud

What are the penalties for cybercrimes in Georgia?

Penalties vary depending on the specific crime, but can include:

• Fines up to $50,000
• Jail time up to 15 years in prison
• Both fines and imprisonment

For password disclosure, penalties are up to 1 year in jail and fines up to $5,000. Victims can also sue for damages like lost profits and expenses.

How does the investigation process work?

Cybercrime investigations involve agencies at the local, state and federal level. The victim usually files a complaint with their local police or the FBI’s Internet Crime Complaint Center. The complaint then gets referred to the proper agency for investigation based on factors like where the suspect is located.

In Georgia, the Georgia Cyber Fraud Task Force investigates many cybercrime cases through cooperation between agencies like the FBI, Secret Service, local police and prosecutors. They focus a lot on “money mule” cases involving people who open bank accounts to receive and transfer illegal funds.

What are some possible defenses?

Some potential defenses to cybercrime charges include:

• You had authority to access the computer or data
• It was an accident or mistake
• You did not actually access personal or financial information
• Someone else used your information or device without your knowledge

An experienced cybercrime defense lawyer can evaluate the evidence against you and build the strongest defense to fight the charges.

Can charges get reduced or dismissed?

In some cases, yes. An attorney may be able to get charges reduced or even dismissed by identifying legal issues with the case, getting evidence suppressed, negotiating with the prosecutor, or taking the case to trial if needed.

Factors that help are lack of criminal history, proof you had authority for the activity, or showing the activity was authorized or accidental.

Should I take a plea deal?

That depends on the specifics of your case. An attorney can advise if a plea is in your best interest or if you have a chance of beating the charges at trial. Consider factors like:

• Strength of the evidence against you
• Potential penalties you face if convicted
• Chance of winning at trial
• Benefits of a plea deal, like getting charges dropped or reduced

Don’t take a plea deal without exploring your options first.

What should I do if charged with a cybercrime?

Here are some tips if you get charged:

• Remain silent and avoid answering questions until you have an attorney
• Be polite and compliant during any investigation or arrest
• Hire an experienced cybercrime defense attorney as soon as possible
• Follow your lawyer’s advice about responding to investigators or prosecutors
• Avoid discussing the case on social media or with anyone besides your lawyer

With an aggressive defense, many cybercrime cases can ultimately get dismissed or pled down to less serious charges. Don’t go through it alone.

How can a lawyer defend me?

A knowledgeable lawyer can protect your rights and build the strongest case for dismissal or acquittal by:

• Evaluating the prosecutor’s evidence and identifying any illegal searches or seizures
• Seeking to get evidence thrown out if it was obtained improperly
• Interviewing witnesses and challenging their credibility
• Hiring computer and forensic experts to analyze the evidence
• Negotiating with the prosecutor for reduced or dropped charges
• Taking the case to trial if a plea deal can’t be reached

Don’t go through cybercrime charges without an attorney on your side. The consequences are too severe.