Prosecutors will often look for reasons to pursue charges against someone accused of a cybercrime, or crime involving computers and the Internet. Several federal and state laws prohibit certain activities involving computers and the Internet, including the Computer Fraud and Abuse Act, an amendment of 18 USC 1030. Some of the crimes mentioned include:
- Unlawfully accessing computer and acquiring information
- Obtaining national security information
- Unlawfully trespassing in government computer
- Trafficking in passwords
- Identity theft
- Hacking and phishing
- Accessing computer for fraudulent purposes
Defending against cybercrime charges
The strategy used by your attorney to defend against the cybercrime charges you face will depend on the specific facts of your case. However, these are some of the most common defenses used in cybercrime cases.
- Innocence: It is easy for a seasoned criminal to hack into an innocent person’s accounts and make them look guilty. One defense strategy is proving that someone other than you committed the crimes in question.
- Lack of intent or knowledge: Your defense attorney can establish that you did not have the requisite knowledge and intent to commit the crimes in question.
- Unlawful search and seizure: Law enforcement officials may have searched your home to obtain evidence of the alleged criminal activity. However, if your attorney can establish that the search violated your Fourth Amendment rights, any evidence obtained during the search will be inadmissible in court.
- Coercion: Your attorney may be able to prove that someone coerced you into committing the crime by threatening you or your loved ones.
Defending against such serious charges without help from an experienced white collar crime defense attorney can be overwhelming for anyone. Consulting with an attorney in your area as soon as possible can give you the best chance of success.