Federal Computer Crimes Lawyer

Computer Crime Lawyer In Princeton, NJ

If you have been charged with a computer crime, you are likely terrified. Various acts can constitute a computer crime, many of which are prosecuted under federal law. A federal computer crimes conviction comes with extensive prison time, hefty fines, and a permanently damaged reputation.

We understand the devastation that comes with being accused of a computer crime. You must contact us immediately if you believe you are under investigation or have received a target letter notification.

18 U.S.C. §1030

The Computer Fraud and Abuse Act (CFAA) of 1986, codified as 18 U.S.C.§1030, criminalizes accessing a government or financial institution computer to steal financial or other sensitive information. Known as “hacking,” it violates federal law to access any type of “protected” computer.

Under 18 U.S.C. §1030 (e)(2), a “Protected” Computer is Defined as:

• One that is used exclusively by a bank, financial institution, the United States government, federal agency
• Used in part or impacting interstate or foreign commerce or communication

PenaltiesUunder CFAA Depend on the Following:

• The seriousness of the offense
• If you have prior offenses
• The estimated worth of the information stolen

New Jersey Computer Crime Statutes

Under NJ Rev. Stat. §2C:20-25, the following unlawful activity will qualify as a computer crime when the information is obtained without permission:

• Accessing data, computer storage, computer software, or a computer network
• Altering, damaging, or destroying any data, including access to the internet
• Accessing or attempting to access data to obtain identifying or sensitive information to defraud someone
• Obtaining or using data from a computer program, computer software, or computer network
• Accessing and recklessly altering, damaging, or destroying data from a computer program, computer software, or computer network.

Computer Crime Defenses

Simply receiving a target letter or even being indicted does not automatically make you guilty of a computer crime. Since cybercrimes usually involve the internet (occurring across state lines), the offense is typically under federal jurisdiction.

Being tried in federal court can be intimidating, but in conducting my own investigation of your case, I will likely employ one of the following defenses:

Consent Was Given

If you had the owner’s consent or believed that the owner consented, you did not think you were accessing the information without permission. This is an element of every cybercrime. Showing that consent was present will weaken the prosecution’s case.

Unlawful Search and Seizure

The police often think they are impervious to the law, but this is untrue. To search your home or office, a police officer must obtain a valid warrant signed by a judge or magistrate.

When you hire a Princeton, NJ, computer crimes attorney like myself, I will examine whether or not the police officer violated your Constitutional Rights in gathering evidence. The information collected from law enforcement’s search will likely be discarded if your rights are violated.

Lack of Intent

A prosecutor must demonstrate that you knowingly committed the alleged offense. This requires the government to prove that you were aware of what you were doing and that your specific actions would cause a particular result. If there was a lack of intent, you will likely be acquitted of the charges against you.

Our Computer Crimes Attorney Fights for You

Computer crime charges will not magically disappear on their own. You must speak with a computer crimes attorney at your earliest convenience if you have been arrested for a computer crime. To learn how I can assist you, contact my office by completing the online intake form. Initial consultations are offered free of charge.