Crimes classified under computer fraud encompass a variety of illegal activity involving the use of technology, both with individual computers as well as networks and systems. This can include unauthorized access to someone’s home network, as well as a business or governmental network with the intent to cause damage, harm, or to commit fraud.
Computer fraud is one of many cybercrimes that include harsh consequences if it leads to a conviction. Depending on the circumstances of the case, it can be charged as either a state or federal offense. Because many computer fraud cases cross state lines and may be either inside or outside of Florida, they are charged as federal crimes.
Whether your computer fraud case is state or federal, you need the strongest defense you can get. The cybercrime defense attorneys at Farkas & Crowley are experienced in federal white-collar crimes, including computer fraud. If you are under investigation or have been charged with computer fraud, call us immediately at 561-444-9529 to discuss your case.
This is the federal law that defines cybercrimes including computer fraud. The law covers a wide variety of cybercrimes, leading to a more wide-ranging and aggressive use of the law. Even first-time offenses can lead to as much as ten years in prison if convicted.
To be charged under the Act, the computer in question must be a “protected computer,” and the individual charged accessed it “without authorization.” These are broad terms the government uses.
A “protected computer” can be anything from someone’s personal computer at home to a business or government device, as long as it has Internet access.
Most federal cases prosecuted under the Act fall under these categories:
• Acquiring national security information
• Damaging a computer or a computer’s information
• Threatening to damage a computer
• Trafficking in computer passwords with the intent to defraud
• Trespassing related to government-owned computers
• Unauthorized access to a protected computer
• Unauthorized access with an intent to defraud, including Internet fraud and “phishing,” the attempt to obtain personal information such as passwords, banking information, and other sensitive information by masquerading as a legitimate company, person, or government entity
Any violation of the Act can be prosecuted as either a felony or misdemeanor, depending on the original intent of the activity. Conspiring or attempting to engage in this activity will also lead to prosecution as computer fraud.
Many federal agencies aggressively investigate computer fraud and are even more aggressive in bringing charges against someone. The FBI, CIA, the Secret Service, the Office of Homeland Security, the Securities & Exchange Commission (SEC), and other lesser-known agencies have unrestricted resources to investigate and charge someone they believe is committing a crime.
The Sunshine State also takes computer fraud seriously and has equally harsh penalties for convictions. The Florida Computer Crimes Act charges all computer fraud and other cybercrimes as felonies. These can range from simple hacking to other more serious cybercrimes such as intentional fraud. However, because the Act is intentionally broad, a person can be charged with multiple crimes.
• “Phishing” emails that attempt to get confidential information from recipients by deception is a third-degree felony, punishable by up to five years in prison, fines of up to $5,000, or both.
• A computer crime is elevated to a second-degree felony if it leads to more than $5,000 in damages, disrupts public services, or interrupts governmental operations, punishable by up to fifteen years in prison, $10,000 in fines, or both.
• Any cybercrime that endangers human life is charged as a first-degree felony punishable by imprisonment of up to 30 years, fines of up to $10,000, or both.
Even at the state level, computer fraud is a serious charge with severe consequences and requires aggressive legal representation at the outset. You can reach Farkas & Crowley’s experienced computer fraud attorneys anytime by calling 561-444-9529 to discuss your case.
Computer fraud and other cybercrimes can lead to harsh penalties and extended jail time. The sooner you talk to us, the sooner we can begin working on your case and building your defense.
Despite the seriousness of the charges, there are defenses we can use:
• Authorized use. If you had authorization to use or access a computer system, or permission to access and use someone’s personal information, such as banking or other online accounts, this is a good defense to beat the charges.
• Lack of intent. We can show that you lacked the willingness or intent to commit computer fraud to defeat the charges.
• Mistaken identity. Were you wrongfully accused of computer fraud? Even if your laptop, desktop, smartphone, tablet, or other device was used to commit a cybercrime, it could have been accessed and used by another party. Whether you loaned your device to someone else, they took it, or remotely accessed it or your WiFi, it’s difficult to pinpoint exactly who committed the crime. This can lead to you being wrongly accused.
• Technical errors or flaws. Did the prosecution use a technical expert to uncover computer fraud? Without the correct technical knowledge to demonstrate intent and how the crime was committed, we can show the weak spots in the prosecution’s case.
• Violation of Constitutional rights. Any law enforcement officer or agency must have a properly executed search warrant to conduct any type of search. If they fail to obtain that search warrant, any evidence collected may be inadmissible in court.
You are presumed innocent until proven guilty, even if you are already under investigation. Remember that you are entitled to your legal counsel from the beginning. Before you speak to or turn over any personal devices to law enforcement, contact the computer fraud defense attorneys at Farkas & Crowley to discuss your case and begin building your defense.
Whether the charges are in federal or state court, you need immediate legal representation, so don’t wait. If you have been arrested for a federal offense like computer fraud or are just under investigation, contact the cybercrime defense attorney team at Farkas & Crowley today. We offer aggressive representation, and we will not rest until we get a favorable outcome for your case.
Our federal criminal attorneys in Florida have experience with both state and federal court systems, and we are here to help you right away. Call us now for a free consultation at 561-444-9529, or use our online form to get in touch.
Looking for a criminal law firm? Farkas & Crowley, P.A. are the attorneys for you. They are extremely knowledgeable of the law and go the extra mile for their clients. Their expertise and impeccable work ethic are hard to beat. Available 24/7. Highly recommended.
-Marla Newman
500 S. Australian Ave.
6th Floor
West Palm Beach, FL 33401
(561) - 444 - 9529
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
