Miami, Florida Computer Crimes Attorney

Lawyer for Charges of Computer Fraud, Identity Theft, Cyberbullying, and More in Miami

Computer and internet-related criminal charges have become increasingly common as technology plays a central role in many people's daily lives and the operations of businesses. These offenses may range from financial crimes conducted through electronic means to accusations involving illegal content, unauthorized access, and online harassment. Due to the technical complexity of these cases, the involvement of digital evidence, and the potential for both state and federal prosecution, it is important for defendants to work with an attorney who has the skills and experience to address these concerns effectively.

Stroleny Law: Criminal Defense Attorney provides representation for people who are facing computer and internet crime charges in Miami. Our lawyer understands the technical aspects of these cases, the methods law enforcement officials often use to investigate computer crimes, and the defense strategies that can be used to challenge digital evidence and address other related issues. He works with computer forensic specialists who can analyze evidence and provide testimony challenging the government's interpretations of technical data.

Computer Fraud and Unauthorized Access

Computer fraud may involve various offenses involving unauthorized access to computer systems, networks, or data. Florida Statutes § 815.06 addresses offenses against computer users, including the illegal access of computer systems, networks, or electronic devices without authorization.

Unauthorized access charges can arise when people are accused of using stolen passwords to access accounts or when hackers allegedly breach security measures to gain entry to protected systems. The statute also criminalizes the introduction of computer viruses or malware into computer systems.

Computer fraud is typically charged as a third-degree felony when an offense involves accessing confidential data, causing damage to systems, or obtaining something of value through unauthorized access. When an offense has allegedly caused losses of at least $5,000, when a person is accused of unauthorized access for the purpose of committing fraud, or when an offense has allegedly interrupted government operations, public communications, or utilities, a person could face second-degree felony charges. Offenses that allegedly endangered people's lives or disrupted medical care could result in first-degree felony charges.

Unauthorized access or other forms of computer fraud may result in federal prosecution in some cases. Federal charges may involve accessing protected computers without authorization, trafficking in passwords, or using computers to commit fraud. Protected computers include those owned and operated by the U.S. government and those that are used in interstate commerce.

Identity Theft and Related Offenses

Identity theft involves the unauthorized use of another person's identifying information to obtain credit, goods, services, or other benefits. Under Florida Statutes § 817.568, the unauthorized use of personal identification information such as a person's name, Social Security number, driver's license number, financial account information, credit card numbers, medical records, or biometric data can result in criminal charges.

Identity theft will typically be charged as a third-degree felony. However, increased charges may apply if multiple people were affected or if a person is accused of committing fraud and obtaining money, goods, or services worth at least $5,000. When identity theft involves more than $5,000 or allegedly affected 10 to 19 victims, the offense may be charged as a second-degree felony. When amounts exceed $50,000 or 20 or more victims were allegedly affected, the charges may escalate to first-degree felonies.

Defenses to identity theft charges may include demonstrating that the accused person had authorization to use the information, showing that the use of information was inadvertent rather than willful, or proving that no financial harm occurred.

Cyberbullying and Online Harassment

Allegedly abusive conduct on social media, through text messages, or via other electronic communications can result in criminal charges. Florida Statutes § 784.048, which addresses stalking, includes offenses involving cyberstalking. A person who has allegedly engaged in repeated online communications with someone in a manner that causes emotional distress could be charged with cyberstalking.

In general, cyberstalking accusations may result in first-degree misdemeanor charges, but if cyberstalking allegedly involved credible threats, a person could be charged with a third-degree felony. These charges may be based on allegations of harassment on social media platforms, repeated unwanted electronic messages, or threatening communications sent through email or text messages.

The offense of sexual cyberharassment is outlined in Florida Statutes § 784.049. This offense involves posting sexually explicit images of a person online without that person's consent, and it is commonly referred to as "revenge porn." Sexual cyberharassment may be charged as a first-degree misdemeanor, but if it was allegedly done for monetary gain, it can result in third-degree felony charges. A second or subsequent offense may result in second-degree felony charges.

Defenses to cyberbullying or sexual cyberharassment charges may include showing that communications were protected speech, demonstrating that the accused person did not send the communications, showing that communications did not cause substantial emotional distress, or proving that no pattern of harassing conduct existed.

Child Pornography and Exploitation Offenses

Charges related to child pornography can be extremely serious, and convictions can result in severe penalties and lifelong consequences. The production, distribution, receipt, or possession of child sexual abuse materials (CSAM) could result in either state or federal criminal charges. Convictions can lead to lengthy prison sentences and collateral consequences that could affect a person for the rest of their life.

These cases may involve law enforcement investigations of file-sharing networks, undercover operations, or forensic examinations of computers seized during other investigations. Defense strategies may include challenging the legality of searches or disputing whether a person knowingly possessed illegal materials.

The Importance of Experienced Legal Representation

Computer crime cases involve a variety of unique challenges. In these situations, it is important to work with an attorney who has technical knowledge and experience defending clients in state and federal courts. Digital evidence is complex, and it can easily be misinterpreted by investigators who may not fully understand of how computers, networks, and internet technologies function.

Our lawyer works with computer forensic analysts who can examine hard drives, review network logs, analyze metadata, and take steps to challenge the claims made by prosecutors. These specialists may provide alternative explanations for digital evidence and demonstrate that a defendant did not commit the offense in question.

Many computer crime cases involve constitutional issues regarding searches and seizures of electronic devices and data. The Fourth Amendment provides important protections, but law enforcement officials may exceed boundaries when searching computers, phones, and online accounts. Our attorney can file motions to suppress evidence obtained through unconstitutional searches.

How Our Attorney Can Defend Against Computer Crime Charges

When you have been accused of a computer-related offense, our lawyer can immediately begin investigating the technical evidence. He will obtain copies of all digital evidence, forensic reports, and investigative materials. He will work with computer forensic specialists to conduct independent examinations.

Our attorney can file pretrial motions challenging searches of electronic devices, arguing to suppress evidence that was obtained without proper warrants or in violation of your constitutional rights. He will challenge the chain of custody for digital evidence and question whether evidence was properly preserved and analyzed.

Our lawyer can also negotiate with prosecutors, presenting evidence questioning criminal intent, arguing that technical evidence has been misinterpreted, or demonstrating that charges should be dismissed due to constitutional violations. If a case proceeds to trial, he will present effective defenses to challenge the prosecution's claims and advocate for an acquittal.

Contact Our Miami, FL Computer Crimes Lawyer

Computer and internet crime can be complex, and these cases require an attorney who understands the technical and legal concerns that will need to be addressed when defending against a conviction. At Stroleny Law: Criminal Defense Attorney, we have the technical knowledge and experience needed to challenge these serious accusations. Contact our Miami computer crimes defense attorney by calling 305-615-1285 to arrange a free consultation.