Computer & Internet Crime Lawyer in Los Angeles

If you or someone you know is being investigated for, or has been charged with committing a computer or internet crime, you should consult with an experienced cyber crime attorney immediately. In California, most computer or Internet crimes are prosecuted as felonies and come with substantial jail or state prison sentences.

We are experienced and knowledgeable cyber crime attorneys in Los Angeles that can provide you with the aggressive representation needed for these types of white collar crimes.

Computer and Internet Law - California

Computer crime and Internet crimes (also referred to as cybercrimes) are a broad category of crimes involving computers and the Internet. These crimes range from child pornography to hacking, to stalking and identity theft.

California has specific computer crime statutes known collectively as the "Comprehensive Computer Data Access and Fraud Act" (California Penal Code Section 502(c), which is aimed at hackers and other individuals who break into computer systems to obtain or alter information.

Penal Code Section 502(c) sets out nine different ways that a person can break the law using a computer or the Internet in California (in all cases, the defendant's actions must be both intentional and without the permission of the victim):

1. To alter, damage, delete, destroy or otherwise use any data, computer, computer system, or computer network to devise or execute a fraudulent scheme or to wrongfully control or obtain money, property, or data.
2. To take, copy or use data from a computer, computer system, or computer network.
3. To use or facilitate the use of computer services.
4. To add, alter, damage, delete or destroy data, computer software, or computer programs in a computer, computer system or computer network.
5. To disrupt or deny authorized computer services.
6. To provide a means to access a computer, computer system or computer network.
7. To access a computer, computer system or computer network.
8. To introduce a computer contaminant into a computer, computer system or computer network.
9. To use the Internet domain name of another person or entity to send electronic mail messages that damage a computer, computer system, or computer network.

However, there are a number of other cybercrimes that are not covered in the Comprehensive Computer Data Access and Fraud Act, for example:

• Internet Child Pornography (California Penal Code Section 311) – producing, distributing, preparing, publishing, developing or duplicating images of minors under the age of 18 engaged in sexual activity.
• Cyberstalking (California Penal Code 646.9) -- stalking another person via a computer, e.g., sending unwanted e-mails to a victim, spreading lies about a person on the Internet and emailing or posting material that makes the recipient frightened.
• Cyber Fraud/ Identity Theft (California Penal Code Section 530.5) – obtaining or using another's identity on the Internet for illegal purposes.
• Cyber Impersonation (California Penal Code 528.5) – impersonating another person without their permission on the internet for purposes of defrauding, harming or intimidating another.

There are a number of defenses to cybercrimes. An experienced attorney will thoroughly investigate the circumstances surrounding the case to determine whether any of these defenses apply to your case. If so, the charges may be dismissed or reduced to less serious crimes.

California Sentencing and Penalties

If you have been charged with a computer crime, you are facing serious potential penalties, including imprisonment and significant fines, for example:

• Comprehensive Computer Data Access and Fraud Act violations can be prosecuted as either a felony or misdemeanor. Misdemeanor computer crimes can result in fines up to $5,000 and up to one year in the county jail. Felony computer crimes can result in fines up to $10,000 and up to three years in state prison. Any computer equipment that has been used in perpetrating a computer crime is subject to forfeiture (i.e., the court can permanently take). In addition to criminal action, the defendant can be sued in civil court for monetary losses.
• Computer crimes involving children (e.g., child porn, luring) are usually charged as felonies, although they can be charged as misdemeanors. Misdemeanor child pornography convictions can result in jail sentences of up to one year and fines up to $2,500. Felony sentences can reach eight years with fines of up to $100,000. Internet luring has similar penalties. Lifetime registration as a sex offender may also be required.
• Cyberstalking is treated in the same way stalking is treated. Depending on the circumstances, it can be charged as either a felony or misdemeanor. Misdemeanor convictions can result in jail sentences of up to one year and fines of up to $1,000. Felony convictions can result in sixteen months to five years in state prison and fines up to $1,000. Lifetime registration as a sex offender may also be required.
• Cyber Fraud/Identity Theft can be punished as either a misdemeanor or felony, depending on the severity of the crime. Misdemeanor convictions can result in a county jail sentence of up to one year and a fine up to $10,000. Felony convictions can result in 16 months to three years in state prison with a maximum $10,000 fine.
• Cyber Impersonation is a misdemeanor punishable by a fine up to $1,000 and/or imprisonment in a county jail for up to one year.

Being convicted of a cybercrime does not mean you will go to jail. A variety of alternative sentencing options (e.g., community service, electronic monitoring) may be available depending on the circumstances.

What Is Cyberstalking?

California law defines cyberstalking as stalking another individual with an “electronic communications device.” Stalking is defined in California Penal Code 646.9 PC as causing a person to fear for their safety or the safety of their friends, family, or loved ones through harassment and/or threatening communication or behavior. An electronic communications device can include a variety of virtual media, such as the internet, a landline, a cell phone, text messaging, video messaging, email, a fax machine, or any other electronic device.

In order to prove that a person committed the offense of cyberstalking, the prosecution will need to prove the following elements:

• The defendant willfully or maliciously harassed or threatened another person, and;
• Made a “credible threat” against the alleged victim, causing the alleged victim to fear for his or her safety or the safety of others, and;
• The credible threat was made via the use of an electronic communications device.

The penalties for cyberstalking are harsh and include fines up to $1,000 and up to one year in county jail if you are charged with a misdemeanor and fines up to $1,000, up to 5 years in prison, and mandatory sex offender registration if you are charged with a felony.

Cyberstalking can also be charged as a domestic violence offense if the alleged victim is a partner, spouse, ex-partner/spouse, fiancé(e), the other parent of your child, or someone with whom you live. If you are facing allegations of cyberstalking, it’s important that you reach out to our computer and internet crimes attorneys for trusted and aggressive defense.

Legal Defenses to Cyber Crimes

Legal defenses to computer and internet crimes often depend on the specific charge and the evidence the prosecution presents. Here are some of the most common defenses:

• Lack of Intent: Many computer and internet crimes require the prosecution to prove the defendant had criminal intent. A defense may argue that the accused did not have the intention to commit the crime or that the actions were accidental. For example, if someone mistakenly accessed a computer system without realizing it was unauthorized, they could argue they had no intent to commit a crime.
• Mistaken Identity: Cybercrimes often involve IP addresses or online identities that may be hard to trace directly to a single person. A defense of mistaken identity could argue that someone else used the defendant’s computer or internet connection to commit the crime. For example, if a computer was hacked, the defendant could claim they were not the one responsible for the illegal activities linked to their system.
• Unauthorized Access by Another Person (Third-Party Access): This defense argues that someone else used the defendant’s computer or internet access without permission. A common example is where a family member, roommate, or even a hacker accessed the computer, and the defendant was not involved or aware of the illegal activity.
• Entrapment: Entrapment occurs when law enforcement induces someone to commit a crime they otherwise would not have committed. In internet crime cases, this might involve an undercover agent creating an opportunity for illegal activity (such as hacking or illegal file sharing) that the defendant would not have considered on their own.
• Insufficient Evidence: For a conviction, the prosecution must prove the defendant committed the crime beyond a reasonable doubt. A defense attorney may argue that there is not enough evidence to link the accused to the criminal activity. This could involve challenging the authenticity of digital evidence, the procedures used to collect it, or the chain of custody.
• Consent: In cases where someone is accused of accessing another person’s computer or network without authorization, the defense may argue that they had consent from the owner. This often applies in hacking or unauthorized access cases where the accused might argue that the access was allowed, perhaps through a misunderstanding or informal agreement.
• Lack of Knowledge: Some internet crimes involve downloading or distributing illegal content. A defense might be based on the fact that the defendant did not know they were downloading or sharing illegal files, which is sometimes relevant in cases involving child pornography or pirated software.
• Alibi: The defendant could argue that they were not at the location where the crime was committed or did not have access to the equipment used in the crime at the time it occurred. This defense would typically require showing physical evidence or witnesses who can confirm the alibi.
• Duress: A defendant could argue they committed the crime under duress, meaning they were forced or threatened to engage in the illegal activity. This is a rare defense, but it could be used in situations where the accused was coerced by another person to commit a computer-related crime.
• Flawed Forensic Evidence: Digital forensics plays a critical role in computer and internet crime cases, but forensic evidence is not infallible. The defense may argue that the forensic evidence was collected improperly, analyzed incorrectly, or tampered with. This could include questioning the tools used in the investigation, the qualifications of the forensic experts, or the methods of data recovery.
• Statute of Limitations: Some computer crimes may fall outside the statute of limitations, meaning too much time has passed since the alleged crime for the prosecution to bring charges. If the statute of limitations has expired, the defense could seek to have the charges dismissed.
• Constitutional Violations (Illegal Search and Seizure): A defense could argue that law enforcement violated the defendant’s Fourth Amendment rights against unreasonable searches and seizures. If law enforcement did not obtain a proper warrant or exceeded the scope of the warrant, evidence obtained during the investigation may be inadmissible in court, weakening the prosecution’s case.

Los Angeles Computer & Internet Crimes Attorney

If you have been accused of committing a computer crime, hiring an internet crime lawyer who has a thorough knowledge of computer technology and understands the various computer crime laws is critical. At Stephen G. Rodriguez & Partners, we combine our knowledge of technology and our extensive criminal defense experience to provide clients with the effective representation that protects their rights and their future.