new york penal law 156 10 computer trespass

Fighting Computer Trespass Charges Under NY Penal Law 156.10

Being accused of computer trespass under New York Penal Law 156.10 is extremely serious. Computer trespass is a Class E felony with up to 4 years in prison if convicted. But an experienced criminal defense attorney can often get the charges reduced or dismissed.

Read on to understand this computer crime law, potential defenses, and how the right lawyer can help defend your case.

What is Computer Trespass Under NY Penal Law 156.10?

According to NY Penal Law Article 156 [2], a person commits computer trespass by:

• Knowingly using, causing to be used, or accessing a computer, computer service, or computer network without authorization
• Thereby knowingly gaining access to computer material

This includes hacking, breaching password protection, accessing unauthorized data, or logging into someone else’s account without consent. The key is exceeding or circumventing technical or policy restrictions on computer access.

Penalties for a Computer Trespass Conviction in NY

Computer trespass under NY Penal Law 156.10 is a Class E felony according to NY criminal lawyers [3]. Potential penalties include:

• 1 to 4 years in state prison
• Fines up to $5,000
• Restitution to victims
• Permanent felony record
• Loss of certain rights

Lesser computer tampering charges may apply to minor security breaches. But prosecutors often pursue felony computer trespass charges in hacking cases.

Common Defenses a NY Computer Crimes Lawyer Can Raise

Skilled criminal defense attorneys often get computer trespass charges dismissed pre-trial by arguing according to NY criminal lawyers [3]:

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• You did not “knowingly” access or exceed authorization on a computer system
• You had consent or authorization for your access
• Someone else accessed the computer, not you
• The computer system was misconfigured or lacked proper access controls
• You had a legitimate purpose without criminal intent

An attorney thoroughly investigates the circumstances of your case to build the strongest defense.

When is Computer Access Authorized in NY?

According to FindLaw [5], computer access may be lawful if you:

• Had permission from the system owner
• Accessed an open public network
• Acted within your authorized user privileges
• Accessed your own personal device or account

Your lawyer can argue your conduct fell under one of these lawful exceptions.

Should You Accept a Plea Bargain for Computer Trespass?

Possibly, but first discuss options thoroughly with your attorney according to NY Senate [6]. They will provide an honest assessment of your chances at trial. Reasons to accept a plea deal include:

• Pleading to a lower level computer tampering charge
• Avoiding felony conviction and jail time
• Obtaining a probation sentence instead of prison

Over 90% of criminal cases end in pleas. But your lawyer negotiates the best outcome possible.

Are Computer Trespass Charges Hard to Fight in NY?

Yes, prosecutors take computer trespass very seriously, especially amid rampant hacking threats according to Casetext [4]. But an experienced criminal lawyer can still get charges reduced or dismissed by exposing flaws in the prosecution’s case.

Just 3% of criminal cases end in guilty verdicts at trial. The right legal strategy makes a huge difference.

When Should You Hire a NY Computer Crimes Lawyer?

Immediately if charged with computer trespass under NY Penal Law 156.10. Quick action can lead to charges being dismissed before an indictment. An attorney sends a strong message you will fight the allegations.

The longer you wait, the harder charges become to beat. So don’t delay in consulting an experienced criminal lawyer.

How Can a Lawyer Defend Against Computer Trespass Charges?

In addition to building your trial defense, an experienced lawyer can help by:

• Negotiating dismissal of charges pre-indictment
• Advocating for pretrial diversion programs
• Contesting the legality of any device searches/seizures
• Seeking return of any seized computers or devices
• Filing motions to suppress evidence