New York Cyber Crime Lawyer Discusses Defending Against Internet Crime Charges & Indictments
Cyber crime is on the rise, and law enforcement officials are dedicated to apprehending any and all alleged criminals tied to Internet misconduct. However, as hacking capabilities become more prevalent and cyber crimes more technical, it is not uncommon for police to isolate and target the wrong individual, even if the criminal conduct appears to derive from his or her Internet Protocol (IP) address. Believe it or not, our office has successfully defended against cyber crime charges by showing that sophisticated hackers can commit crimes remotely using a wireless network, thereby incriminating innocent bystanders in the process. If you are facing an Internet or computer crime charge—or believe you may be under investigation—contact a New York cyber crime lawyer right away. The sooner you contact our office for representation, the better we can protect you as we can also help ensure the police follow proper protocol in searching your property and hard drives.
Types of Computer Crimes in New York
The New York Penal Code maintains a long list of computer crimes, some of which carry extremely high possible penalties. As an office of experienced cyber crime defense professionals, we are experienced in defending against any of the following crimes:
Computer tampering
Unlawful duplication of computer-related material
Criminal possession of computer-related material
Computer trespass
Unauthorized use of a computer
The most serious computer crime listed in the N.Y. Penal Code is known as “computer tampering in the first degree.” This crime involves accessing a computer system without authorization and intentionally altering in any manner or destroying the computer data or program of another person. In order to face a first-degree computer tampering charge, the aggregate damage amount must exceed $50,000.
Federal Computer Crimes
Due to the cross-jurisdictional nature of many Internet-based computer crimes, many defendants facing a computer- or Internet-based charge find themselves within the purview of the federal criminal courts. As any New York computer crimes attorney can attest, being in the crosshairs of the federal cyber crimes unit is unnerving, but a strong defense can help minimize or eliminate the possible fines, penalties and jail time awaiting anyone convicted of any of the following federal crimes:
Trafficking in recordings of live musical performances
Launching spam email attacks
Identity theft
Credit card fraud
Unlawful possession or use of access devices
Phishing
Internet fraud
Computer fraud
Sale of counterfeit goods over the Internet
Software piracy
Computer game piracy
Video game piracy
Music piracy
Internet pornography
Possession of child pornography
Use of the Internet to disseminate child pornography
Instant messaging sexually explicit material to children
Online child sex solicitation
Cyber stalking
Crimes against computer and Internet users
Hacking and computer sabotage
Internet gambling
Cyber terrorism
The list of computer- and Internet-based crimes is extensive, and facing this type of criminal charge can significantly impact your future, particularly if you are facing an extensive amount of jail time or thousands of dollars in fines.
Defenses to Computer Crimes
The New York Penal Code maintains a set of defenses available to any defendant facing a computer or Internet crime. The first possible defense allows a defendant to avoid conviction if he or she had “reasonable grounds to believe that [he or she] had authorization to use the computer.” This type of defense may be applicable to your case if you are facing a charge of unauthorized use of a computer and, at the time of the incident, you genuinely believed you were allowed to use the computer.
The second defense applies to crimes relating to the destruction or alteration of computer files. Your New York cyber crime lawyer may be able to defeat your charges if it is possible to prove that, at the time of the incident, you reasonably believed you had the right to alter or “destroy the computer data or the computer program.”
Lastly, New York law allows for a computer crimes defense to the charge of unlawful duplication of computer programs if, at the time of the incident, the defendant had reasonable grounds to believe he or she had the “right to copy, reproduce or duplicate in any manner the computer data or the computer program.”
Notable Criminal Defense Experience
Our office is one of the most technologically savvy law offices in New York, and we are not afraid to represent defendants facing highly technical computer and Internet crimes. Some of our notable client representations have involved the following fact patterns:
Participation in federal counterfeiting schemes
Internet-based child abuse stings whereby undercover agents pose and minors
Illegal Internet pharmacy businesses
Unlawful search and seizure of a client’s hard drive
Pirating proprietary software and trade secret information
Identity theft
Contact a Reputable New York Cyber Crime Attorney Today
If you are facing any sort of Internet or computer crime charge, our lawyers are here to help. Whether you are a student or executive, tech-savvy person or a novice, we can handle your case. For assistance with your representation or to retain an advocate during the investigation phase, please contact attorney Frederick L. Sosinsky by calling (212) 285-2270.
