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
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
Common Defenses a NY Computer Crimes Lawyer Can Raise
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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
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
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
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?
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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
Frequently Asked Questions
No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.
Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.
An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.
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