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San Francisco Criminal Defense Lawyers Explain Cyber Crimes

March 21, 2024 Uncategorized

San Francisco Criminal Defense Lawyers Explain Cyber Crimes

The internet has become a huge part of our lives. We use it for everything – communicating with friends, shopping, banking, entertainment, and more. But with the good comes the bad. As we’ve become more dependent on the internet, cybercriminals have found new ways to take advantage of people online.

That’s why cyber crimes have exploded in recent years. Cyber crimes are illegal activities committed on the internet, such as hacking, identity theft, fraud, and distributing child pornography. These high-tech crimes can be just as harmful as traditional offenses. And they often carry harsh punishments.

If you’ve been accused of a cyber crime in San Francisco, you need an experienced criminal defense lawyer on your side. Cyber crime laws can be complex. An attorney who specializes in internet offenses will understand the technical details involved. They’ll also know how to build a strong defense to fight the charges.

Keep reading to learn more about common cyber crimes and defenses from San Francisco criminal lawyers.

Types of Cyber Crimes

There are many state and federal laws related to cyber security and online activity. Here are some of the most common cyber crimes defendants face:

Computer Hacking

Hacking refers to illegally accessing a computer, network, or electronic database. For example, hacking occurs when someone breaks into an email account or social media profile without authorization. Hacking can also include things like:

  • Gaining access to private networks or servers
  • Installing malware or spyware on someone’s device
  • Stealing corporate data or trade secrets

Penalties for hacking and related offenses are severe. Under 18 U.S.C. § 1030, a conviction can result in up to 20 years in prison. The law also allows a civil cause of action against hackers for damages like lost revenue.

Identity Theft

Identity theft occurs when someone steals your personal or financial information to commit fraud. For instance, a criminal may open a credit card in your name or gain access to your bank account. California has specific laws prohibiting identity theft and identity fraud.

Penalties under state law can include up to 3 years imprisonment and a fine up to $10,000. Federal charges may also apply depending on the circumstances.

Online Harassment and Cyberstalking

Using electronic communications to harass, threaten, or intimidate someone can lead to criminal charges. For example, repeatedly sending abusive messages through texts, emails, or social media constitutes cyber harassment. Cyberstalking involves a more severe pattern of threatening behavior conducted online.

In California, penalties for stalking and criminal threats can include up to 3 years imprisonment. Defendants may also face restraining orders and other court-ordered restrictions.

Child Pornography

Federal and state law prohibit the possession, distribution, and production of child pornography. Defendants face severe consequences for sex crimes involving minors. Possession of child pornography carries up to 1 year in county jail under California law. But federal penalties can extend up to 10 years imprisonment.

The punishments are even greater for distributing and producing child pornography. Defendants also face sex offender registration requirements if convicted.

Defenses to Cyber Crime Charges

Fighting cyber crime allegations requires an aggressive legal strategy. Here are some of the main defenses criminal lawyers use:

Illegal Search and Seizure

Like physical spaces, citizens have a reasonable expectation of privacy online. This means the government needs a warrant to search your electronic devices or online accounts. Evidence obtained without a warrant may be suppressed under the Fourth Amendment.

If police confiscated your computer or breached your privacy rights, an experienced lawyer can challenge the search. This may result in charges being dismissed due to lack of evidence.

Unauthorized Computer Access

Hacking charges often assume the defendant accessed a computer or network without approval. But in many cases, the user had permission to log-in through shared passwords or credentials.

Your lawyer can argue you had an honest belief that access was authorized. This may defeat criminal intent requirements for hacking and related offenses.

Possession vs. Distribution

Mere possession of illegal content may warrant a lesser punishment than distributing it online. Your attorney can argue you downloaded material accidentally or were unaware it was on your device.

This may help mitigate penalties for child pornography, copyright violations, and other cyber offenses involving possession.

Entrapment

Entrapment occurs when police coerce you into committing a crime you otherwise wouldn’t. With cyber crimes, officers sometimes pose as minors or other victims online.

Your lawyer can argue the undercover sting operation constituted improper entrapment. If successful, this defense may lead to an acquittal.

Finding the Right Lawyer for Your Cyber Case

Facing cyber crime charges isn’t easy. But an experienced criminal defense lawyer can help protect your rights and future. Be sure to choose an attorney who:

  • Focuses specifically on cyber offenses like hacking, identity theft, and child pornography
  • Regularly handles cases in local state and federal courts
  • Has a track record of positive case results
  • Will take the time to understand the technical details involved
  • Will conduct a thorough independent investigation of your case

Don’t leave your fate in the hands of an inexperienced lawyer. The consequences are too high. Contact an established firm that knows how to build a strong defense against cyber allegations.

With an aggressive legal strategy, many cyber charges can be reduced or dismissed. But you need knowledgeable counsel to protect your rights and future.

The attorneys at [Firm Name] have extensive experience defending complex cyber crime cases in San Francisco and surrounding areas. We understand these highly-technical offenses and the strategies that work. Contact us for a free case review and to discuss your defense options.

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CLAIRE BANKS

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RAJESH BARUA

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