Felony Charges in the Digital Age

With the internet being accessible to the public, cybercrimes are on the rise. A cybercrime is any illegal activity that involves the use of a computer or the internet. With an estimated 8 million cybercrimes occurring each year, resulting in $4 million in costs, federal and state agencies are cracking down on prosecuting these computer offenses. If you have recently been charged with a cybercrime, the criminal defense lawyers at Bamieh & De Smeth, PLC, in California are here to safeguard your interests.

What is Cybercrime?

Cybercrime refers to any illicit activity conducted using a computer or the internet. Not every cybercrime is designed to steal money; some are intended to disrupt computer systems, steal passwords, or delete data. Since cybercrime usually involves criminal offenses that cross state lines, it is generally charged under federal law. 

Several federal organizations investigate cybercrimes, including:

• Federal Bureau of Investigation (which established a special unit called the National Cyber Investigative Joint Task Force)
• Department of Homeland Security (U.S. Immigration and Customs Enforcement)
• United States Secret Service
• Department of Justice (specifically the Computer Crime and Intellectual Property Section)

Federal Law on Cybercrimes

The advancement of technology has led to an increase in cybercrimes in recent years, prompting Congress to enact the Computer Fraud and Abuse Act (CFAA) of 1986. The CFAA illegalizes any activity that allows a person to access a computer system without the user’s consent. The Act prohibits the fraudulent use of computers used by the federal government, banks, and any computer with an internet connection.

California Penal Code §502

According to California Penal Code §502, unauthorized computer access is a criminal offense subject to harsh penalties. Unauthorized computer access includes tampering, interfering, damaging, or gaining access without consent. The law applies to individuals, businesses, and government agencies. 

Unauthorized computer access, also known as hacking, is considered a wobbler offense, and can be charged as either a felony or a misdemeanor. The severity of the charge will depend on prior crimes and the seriousness of the offense committed. As a misdemeanor, you may be incarcerated for up to one year, fined $5,000, or both imprisoned and fined. As a felony, you may be incarcerated for up to three years, fined $10,000, or both imprisoned and fined. 

Types of Cybercrimes

As technology continues to evolve, so does its potential for misuse. Cybercrimes are criminal offenses that involve the use of computers, networks, or digital communication tools to commit illegal acts. These crimes can range from stealing someone's personal information to harassing individuals online or distributing prohibited content. Below are some of the most common types of cybercrimes prosecuted under both federal and state laws, along with the applicable penalties.

Identity Theft

Unauthorized access to personal information also increases the likelihood of identity theft. Given the amount of information available at a person’s fingertips with just one click, a social security number, credit card, and other financial information can be easily stolen. At the federal level, identity theft is punishable by up to 15 years in prison, substantial fines, and the forfeiture of assets. In California, a conviction for identity theft felony carries a maximum sentence of three years in state prison and a fine of up to $10,000.

Cyberstalking

Using social media, email, instant messaging, or other electronic communication to threaten or harass someone is known as cyberstalking. Under 18 U.S.C. §2261A, for the prosecution to secure a conviction, the victim must experience emotional distress as a result of the behavior. 

Under federal law, a person may be sentenced to five years in prison and fined a maximum of $250,000. This is the baseline punishment if no death or serious bodily injury occurred. Under the California Penal Code, you may be sentenced to three years in state prison, fines, and be required to register as a sex offender.

Child Pornography

Given the number of people who have access to the internet, the distribution of child pornography has increased substantially in the past decade. Both federal and state laws illegalize the possession, distribution, and sale of material that depicts the sexually explicit behavior of a minor. 

A conviction under federal law carries a mandatory minimum sentence of five years for first-time offenders, with a potential sentence of up to 20 years in prison. Under California law, the distribution of child pornography is a wobbler offense, with a felony conviction punishable by incarceration in state prison and a $10,000 fine.

California Criminal Defense Lawyers Providing Tenacious Counsel

If you have been charged with a cybercrime, you need legal counsel who will never give up fighting for you. Cybercrime charges carry some of the most severe penalties, placing your future in limbo. When you work with the legal team at Bamieh & De Smeth, PLC, you are retaining representation that will conduct an independent investigation into your matter. Our experience in researching and collecting evidence helps us to develop a defense strategy unique to your specific circumstances. 

We believe that each case deserves our full attention and focus, ensuring that you will never get caught in the details. Our California criminal defense team is dedicated to pursuing every potential avenue to reduce or negate your criminal liability. To learn more or schedule a free consultation, please contact us online or by phone today.