Cybercrime Defined

            Generally, a cybercrime is any criminal activity that involves a computer, networked device, or a network. Such conduct encompass fraud, child pornography, identity theft, extortion, or privacy violation. Actors vary from individuals or groups with low technical skill to extremely organized global groups with highly sophisticated individuals.

What To Do If You Are Accused Of A Cybercrime

            With a substantial increase in cybercrime, law enforcement is under pressure to prosecute anyone they suspect of a cybercrime. Federal cybercrime offenses typically carry more severe punishment than state charges. If you are accused of a cybercrime, it is crucial that you contact an attorney immediately and exercise your legal right to remain silent. Save any evidence of your innocence and keep a record.

Defenses If You Are Accused Of A Cybercrime

There are several defenses available to someone who is accused of committing a cybercrime. These defenses include but are not limited to: mistaken identity, lack of knowledge, duress, and presence of consent.

In today’s world, cybercriminals are becoming increasingly capable at covering their tracks and will sometimes use the computer, Wi-Fi, or identity of someone else to commit a cybercrime. If this happens to you, then you may be able to use the defense of mistaken identity if you are accused of a cybercrime. This defense is to prove you are innocent and had no knowledge of the crime.

Many cybercrimes generally require that the defendant intended to engage in the illegal activity. If you can show that you inadvertently accessed another person’s information or did not intend to commit the unlawful breach, you may be able to use the lack of knowledge defense.

            It is not uncommon for cybercriminals to force or coerce someone into committing the crime for them. This is usually done by either threatening the person’s reputation or threatening harm to the person’s loved ones. If this has happened to you, then you may be able to use the defense of duress.

   For presence of consent, the prosecution will try to show that you accessed someone’s computer, login credentials, or data without authorization. However, if you are able to display that you already had the owner’s consent or believed you had it, you might be able to use presence of consent as a defense or use it to negotiate punishment.

Contact Us

At The Law Office of Yifei He PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.

Request your initial consultation by calling 1 (917) 338-7678 or sending us an online message today.