Federal Cybercrime Defense Lawyer
Cybercrimes cover numerous illegal activities committed using a computer or the Internet. Many cybercrime offenses are prosecuted at the federal level because the Internet crosses state lines and is transmitted through interstate wiring structures.
However, there are some situations where federal charges will be filed for computer hacking and other related cybercrimes, such as the Computer Fraud and Abuse Act.
18 U.S.C. 1030 computer hacking statute covers the different types of computer crimes, and federal prosecutors often use this statute. Since commerce on the internet typically states lines, cybercrimes involving fraud are usually charged as federal crimes, with many carrying sentences in the Federal Bureau of Prisons.
Also, in fraud case convictions, federal law enforcement authorities might seize property they believe was used or purchased with illegal proceeds.
If you have been accused of breaking federal cybercrime laws, you should immediately retain a federal criminal defense lawyer. Let's review these laws in more detail below.
What Are the Common Cybercrimes?
As noted, cybercrime is a legal term used to describe online criminal activity, such as the following:
- Computer hacking;
- Internet fraud;
- Wire fraud;
- Identity theft;
- Child pornography;
- Trafficking illegal products.
Sometimes, cybercrimes are committed to causing damage or disrupting service, while some are motivated by financial gain through fraud. For example, cybercriminals will target corporations to steal private data or extort money.
The federal government investigates a wide range of common internet fraud and theft offenses, such as the following:
- Hacking computers through viruses and malware to get personal financial information, access bank accounts or credit cards;
- Phishing and "spoof" websites which send email alerts that appear to be official, which attempt to get a person's financial information;
- Cyber attacks involving distributed denial-of-service (DDoS) attacks;
- Internet scams, such as false business opportunities, Ponzi schemes, and other tricks to persuade victims to give money;
- Online drug crimes, such as selling synthetic or counterfeit drugs;
- Doctor shopping to get multiple prescriptions for controlled substances;
- Selling prescription drugs online without a license;
- Child pornography and other internet-related sex crimes;
- Creating, selling, distributing, or possessing child porn;
- Use of the Internet for prostitution and sex trafficking;
- Soliciting minors for sex trafficking using the Internet.
18 U.S.C. § 2252 child pornography is considered a serious crime with harsh penalties. 18 U.S.C. § 2251 sexual exploitation of children is a separate federal offense described as attempting to induce, entice, or persuade a minor to engage in sexual conduct to make a video, picture, or other images.
Defending Federal Cybercrimes
As noted, cybercrimes have to do with computers, and criminals use computers to hack into people's information. There are several different types of cybercrimes raising, from fraud to other schemes where people take over your computer, steal your identity and try to make money from it.
If you or a loved one is charged with a cybercrime, you want an attorney familiar with defending these cases. One thing is that the government has to prove that whomever they are watching committed the cybercrime is the person who did it.
In other words, they usually have to track their IP address for criminal activity. Many times this is not very easy to do, so we want to evaluate whether or not the government can prove that you're the one that committed the cybercrime.
Many times in these cases, if necessary, I'll get experts involved to defend the case and show the government that they cannot prove the case against my client. We sometimes use experts at the trial level to try and defend a cyber-related federal criminal case.
If, on the other hand, you are guilty of the crime and the government can prove it, we obviously want to figure out how to mitigate the situation.
One big thing is if you've stolen information and give the information back; if you've stolen money and can make the victim hole is a massive step towards rectifying cybercrime-related things.
Depending on the loss in a crime, that usually drives how much time in federal prison you will get. The more money lost, the more time in prison. Some enhancements apply to these cybercrimes in addition to the general crime that you will be charged with for losing or taking money and causing damage to a specific individual.
Federal Probation Department
The probation department will interview you. They will research the case, and they will make a recommendation to the federal judge on what they think the sentence should be, based on a combination of factors, such as:
- What the charge is;
- What your criminal history is;
- If any enhancements apply, and
- They're also going to look at the damage to the victim in a particular case.
So, these cybercrimes can be pretty serious. They can put you in a position where you face many years in federal prison. So, you want to get an attorney who has experience.
I've been doing this now for over 30 years. I started out working for the district attorney's office in Los Angeles and then a superior court judge, and finally, in the early 1990s, I started defending people like you. If you need the best, and you're charged with cybercrime at the federal level, pick up the phone now. Ask for a meeting with Ron Hedding. I stand at the ready to help you.