What Are Defenses for Felony Computer Crimes in CA?

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What Are Defenses for Felony Computer Crimes in CA?

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We rely on computers for nearly every aspect of our daily lives, from working and paying bills to looking up dinner ideas and watching funny videos. Because this technology has become integral to our lives, illicit activities involving these devices are considered especially egregious. As such, understanding what offenses are classified as felonies and what defenses you may able to utilize if charged with computer crimes with the help of a Sacramento felony defense lawyer is critical. Read on to learn more about these matters.

What Are Examples of Computer Crimes in California?

Under California law, several acts can be charged as felony crimes. It’s important to understand that some of these offenses may be classified as misdemeanors depending on the circumstances surrounding the case. This is because California has many “wobbler” crimes, meaning they can be charged as misdemeanors or elevated to felonies.

Generally, a computer crime is anything that compromises a network, system, or computer belonging to a person, organization, or company. Offenses that are considered computer crimes under California law include, but are not limited to, the following:

  • Identity theft
  • Hacking
  • Intellectual property theft
  • Extortion
  • Child pornography
  • Phishing

Additionally, anytime you access a computer or system without authorization, you can face charges. As such, the unauthorized access, deletion, destruction, alteration, or copying of data, among other actions, can be considered a criminal offense.

It’s also important to understand that certain offenses can be considered cyber crimes if they happen online. This includes drug trafficking and illegally selling weapons. Additionally, certain crimes are considered federal offenses, meaning they are even more serious and the penalties you can face will increase.

What Defenses Might I Be Able to Utilize?

If you are charged with a felony computer crime, it’s imperative to understand that you must connect with an experienced attorney as soon as possible. Unfortunately, many of these offenses can result in jail time and hefty fines. Additionally, a criminal offense on your record can impact many other areas of your life, from your ability to secure employment to where you can live.

One defense you may be able to use is that you weren’t the one who committed the crime. If you can show that someone else used your computer to commit the crime, you will likely avoid charges. For example, if you lent your computer to a friend, and they used it for illegal activities, you may be able to prove that you were not the one responsible.

Additionally, if you can show that your constitutional rights were violated, you may be able to avoid charges. This includes an unlawful search and seizure. If this occurs, your attorney may be able to have the evidence illegally collected deemed inadmissible, which can severely impact the prosecution’s case. As a result, they may not be able to proceed.

Regardless of your circumstances, it’s in your best interest to connect with an experienced attorney from the Law Offices of Dale R. Gomes. Our team will explore all potential avenues for a defense to help you through these challenging times. Connect with us today to discuss your circumstances.