Criminal Defense Lawyers

Understanding Federal Computer Crimes Charges in New York City

Understanding Federal Computer Crimes Charges in New York City

Getting charged with a federal computer crime can be really scary. There are a ton of laws about using computers for illegal stuff, and it can get super confusing trying to understand it all. This article will break it down in simple terms so you know what’s going on if the feds come knocking about some computer crime allegation.

First off, what exactly is a “computer” according to the law here in New York? That’s important, because it determines what devices and activities can get you in trouble. Basically, a computer is any device that can store, transmit, receive, or otherwise mess around with data. So your laptop, smartphone, even some smart home devices could count. It’s pretty broad.

Unauthorized Computer Use

This is basically using someone else’s computer without permission. For example, logging into your friend’s Facebook without asking would count. Or using your neighbor’s wifi to download movies. It doesn’t matter if you actually caused any harm or not. Just accessing or using their device or network without authorization is illegal.

Penalties depend on exactly what you did, but can include fines and even jail time. Like if you used someone’s computer to commit other crimes, that’s obviously worse and can mean years in prison. But even just casually snooping on someone’s device can get you in trouble if they decide to report it. So don’t do it!

Computer Trespass (Hacking)

This refers to illegally accessing any computer system you’re not supposed to. The most obvious example is hacking – using technical means to break into private networks, devices, databases, etc. But even just guessing someone’s password or exploiting a security vulnerability could count.

It doesn’t matter if you actually stole anything or not. Simply gaining unauthorized access is a crime. Penalties vary based on circumstances but can include years in prison, massive fines, and other nasty consequences. Not fun. So don’t hack!

Computer Tampering

This covers intentionally damaging, altering, deleting, or corrupting any computer system, program, or data. Obvious examples would be destroying someone’s files with a virus or remotely wiping their hard drive.

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But even smaller stuff like messing with someone’s Facebook profile or editing documents counts. Again, penalties vary but can include fines and jail time. Bottom line, don’t mess with other people’s computer stuff!

Unlawful Duplication

This refers to making illegal copies of computer programs, data, documentation, or other materials. The most common example is pirating software, music, movies etc. But it also includes things like stealing proprietary source code or confidential data from a business.

Penalties vary based on what exactly you copied and how much. But fines in the thousands of dollars are common. And if done on a commercial scale or for profit, you could face years in prison. So don’t copy stuff that doesn’t belong to you!

Computer Fraud

This broadly covers using a computer to commit fraud, scams, or other crimes like identity theft or embezzlement. For example, phishing attacks, financial scams, and stealing credit card numbers all fall under this category.

Penalties vary greatly based on circumstances. Small-scale scams may just get you fined or probation. But large fraud operations can mean serious prison time plus massive fines and restitution payments. Not worth it!

What About Defenses?

If you do get accused of a computer crime, there are some possible defenses to consider with your lawyer:

• You had permission (not hacking/trespassing)
• It was an accident (no criminal intent)
• Someone else used your device (weren’t you)
• You were coerced/threatened (acted under duress)
• The “victim” wasn’t really harmed
• You were falsely accused/set up
• Technical errors in the investigation

Whether any of these defenses will work depends a lot on the specific circumstances of your case. An experienced criminal defense lawyer can help evaluate if you have grounds for any of them. Don’t just assume you’re doomed – fight the charges!

What About Penalties?

As mentioned above, penalties for federal computer crimes vary widely based on exactly what you did and the scope of it. But some examples of potential maximum sentences:

• Violating the Computer Fraud and Abuse Act – up to 20 years in prison
• Wire fraud – up to 20 years in prison
• Identity theft – up to 15 years in prison
• Computer hacking – up to 10 years in prison

And that’s not even considering massive fines, restitution payments, asset forfeiture, and all the other financial consequences. Plus certain charges may require registering as a sex offender, for example with child porn cases.

The bottom line is you’re looking at huge risks if convicted. So take any federal computer crimes charges very seriously and hire the best defense lawyer you can afford. Don’t wait and hope it goes away – fight back hard from day one!

Finding the Right Lawyer

If you or a loved one is facing federal computer crime charges in New York, it’s critical to have an experienced defense attorney on your side. Here’s what to look for:

• Deep expertise in federal cybercrime cases specifically
• Familiarity with complex technology issues
• Ability to conduct in-depth forensic investigations
• Aggressive litigation skills
• Strong relationships with prosecutors
• Good track record getting charges reduced/dismissed

Don’t just hire any lawyer and hope for the best. Vet them thoroughly and make sure they know how to handle federal computer crime cases. This is not the time to cheap out – your future is on the line.

Also don’t wait to build your defense. Immediately hire counsel and start developing your strategy. Quick action to preserve evidence, interview witnesses, negotiate with prosecutors etc. can make a huge difference.

Fighting federal charges is daunting, but an experienced lawyer levels the playing field. So do your homework and hire the best defense attorney you possibly can. It will give you the best chance at a positive outcome. Don’t go down without a fight!

Good luck and stay safe out there.

References:

[1] https://www.new-york-lawyers.org/computer-crimes_2.html

[2] https://www.justice.gov/usao-edny/pr/cybercriminal-charged-unauthorized-computer-intrusion-securities-fraud-wire-fraud-and

[3] https://www.federallawyers.com/criminal-defense/best-nyc-criminal-lawyers/answering-faqs-about-federal-cybercrime-charges-in-nyc/

[4] https://www.findlaw.com/state/new-york-law/new-york-computer-crimes-laws.html

[5] https://www.nytimes.com/2021/06/03/us/supreme-court-computer-crime.html