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Answering FAQs About Federal Cybercrime Charges in New York

March 21, 2024 Uncategorized

Answering FAQs About Federal Cybercrime Charges in New York

Dealing with federal cybercrime charges can be incredibly stressful and confusing. As technology continues to evolve, so do the laws around computer crimes. There are many common questions people have when facing prosecution under federal cybercrime statutes in New York. This article aims to provide some guidance by answering frequently asked questions.

What constitutes a federal cybercrime?

Federal cybercrimes involve using a computer or network connection to commit illegal acts. The main law covering these types of offenses is the Computer Fraud and Abuse Act (CFAA) . Under the CFAA, it’s a federal crime to intentionally access a computer without authorization or exceed authorized access to obtain financial information, trade secrets, or other data.Some of the most common federal cybercrimes prosecuted in New York include:

  • Hacking into computer systems to steal data, identities or trade secrets
  • Spreading malware like viruses, worms, and Trojan horses
  • Committing fraud using computers, like phishing scams
  • Trafficking in stolen financial data or identities
  • Distributing child pornography
  • Cyberstalking or making online threats

Prosecutors can also charge related offenses like wire fraud, identity theft, and money laundering alongside CFAA violations.

What are the penalties for federal cybercrime convictions?

The penalties for federal cybercrime charges largely depend on the nature of the offense and how much damage resulted.For basic CFAA violations, defendants face up to 1 year in prison and a fine. But if the crime caused substantial financial losses or disruption, penalties can extend to 10 or 20 years in prison.Related charges like wire fraud or identity theft carry additional penalties. For instance, wire fraud is punishable by up to 20 years in prison and a $250,000 fine per count.Judges determine sentences based on federal guidelines that account for the defendant’s criminal history and role in the offense. First-time offenders may receive probation or minimal jail time for minor cybercrimes. But large-scale hacking or fraud operations can result in decades behind bars.

What are common defenses against federal cybercrime charges?

There are several legal defenses that can potentially defeat federal cybercrime allegations:

  • You didn’t access the computer “without authorization.” For instance, you had permission to use your employer’s system or didn’t exceed your approved access.
  • There’s insufficient evidence you committed the crime. Prosecutors must prove beyond a reasonable doubt you engaged in the alleged hacking or fraud.
  • You had no criminal intent. The CFAA requires prosecutors to establish you knowingly accessed systems unlawfully or exceeded authorization.
  • The statute of limitations expired. Generally, the deadline to charge federal cybercrimes is 5 years.
  • Law enforcement violated your rights. For example, by using unconstitutionally obtained evidence.

An experienced cybercrime defense attorney can evaluate the strength of these and other possible defenses after reviewing the specific facts of your case.

Should you fight federal cybercrime charges at trial?

Whether to take federal cybercrime charges to trial is a major strategic decision that requires careful consideration of the risks and benefits.The downsides of going to trial include the possibility of harsher punishment if convicted and losing grounds for appeal. Cybercrime trials can also be highly complex and technical in nature.However, fighting charges at trial may be advantageous if there are issues with the prosecutor’s case or viable defenses. Defendants also avoid having to plead guilty when maintaining innocence.In the end, the choice depends on the individual circumstances of each case. Consulting with an attorney is essential before deciding on a trial versus plea deal.

What should you do if you’re under investigation?

If federal agents contact you about an alleged cybercrime, it’s essential to engage an attorney immediately. Never speak with investigators without counsel present, as anything you say can be used against you.A lawyer can intervene on your behalf, negotiate with the prosecution, and start building a defense strategy. They’ll ensure authorities follow proper procedures and don’t violate your rights.You may also be able to avoid charges altogether through effective representation in the investigative stage. But acting quickly is imperative once you know you’re under scrutiny.

How can an attorney defend against cybercrime charges?

Seasoned federal cybercrime defense lawyers have the experience and resources to protect your rights and future at every stage. An attorney can:

  • Negotiate with prosecutors to minimize charges and penalties
  • File motions contesting improper investigative practices
  • Assemble evidence and witnesses to rebut the government’s accusations
  • Hire computer forensics experts to analyze technical aspects of the case
  • Guide you through the complexities of federal cybercrime law and procedures
  • Craft a defense theory highlighting flaws in the prosecution’s version of events
  • Represent you vigorously at trial if a plea deal can’t be reached

Having an advocate familiar with cybercrime statutes, case law, and defense strategies can make all the difference in achieving the best outcome.

What should you look for in a federal cybercrime defense lawyer?

When facing federal cybercrime charges, it’s essential to have experienced and aggressive legal counsel in your corner. Ideal attorneys will have:

  • Extensive knowledge of cybercrime laws and computer technology
  • A proven track record of favorable case results
  • Relationships with prosecutors and judges
  • Access to computer forensics specialists and investigators
  • Excellent negotiation skills to secure plea bargains
  • Strong litigation abilities if going to trial
  • Top-notch communication skills to explain the complex legal issues

Someone who understands both the human and technical aspects of your case can properly advise you and challenge the prosecution’s assertions. Thorough research and comparing credentials helps find the right advocate.

Conclusion

Facing federal cybercrime charges can be frightening and overwhelming. But understanding the common legal issues and defense options empowers you to make smart choices. With an experienced attorney guiding you, it’s possible to mitigate penalties and even defeat the allegations altogether. Don’t hesitate to seek out skilled legal representation if you find yourself under investigation or indictment. The sooner you act, the better positioned you’ll be during the federal cybercrime case process.

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