Computer Cyber Network Crime Defense

Computer Crimes in NY

New York Computer Crime Lawyers

New York’s Penal Law describes various internet offenses and cyber crimes and the potential punishments for committing these offenses. Computer network and internet crime are punishable by law and often include felony charges.

Because cyber or computer crimes often cross state lines, you could face NY State misdemeanor, felony, and/or Federal charges.

Unauthorized Use of a Computer

NY Penal Law 156.05

Unauthorized Use of a Computer is a Class A Misdemeanor that occurs when someone knowingly uses, causes to be used, or accesses a computer, computer network, or computer service without proper authorization.

Computer Trespass

NY Penal Law 156.10

Punishable as Class E Felony, Computer Trespass is charged when a person gains unauthorized use of a computer, and:

Does so with the intent to commit, attempt, or further the commission of another felony offense, or
Knowingly gains access to computer material.

Internet Sex Crimes in New York

The New York offenses a person engaging in online sex can be charged with include:

Disseminating indecent material to a minor,
Promoting an obscene sexual performance by a child,
Possessing an obscene sexual performance by a child,
Promoting a sexual performance by a child, and
Possessing a sexual performance by a child.

Federal Internet Sex Crimes

The FBI, the Department of Homeland Security, ICE, and other various federal law enforcement agencies aggressively investigate internet-related sex crimes. These can include possession, receipt, or distribution of child pornography, illicit communications with minors over the internet, distribution of obscene images, or enticement or coercion of minors. It is possible through hacking, mistake, or investigative overreach for completely innocent individuals to be unsuspectingly swept up in a federal criminal internet sex crimes case. Federal law enforcement agents use powerful tools to access people’s computers and attempt to download illicit files. The innocent use of many file-sharing programs can result in the unintentional or temporary possession of child pornography or other illicit files. Similarly, there are federal agents who are everyday online pretending to be underage individuals, attempting to entice unsuspecting members of the public into making chargeable statements online.

And just as federal law enforcement aggressively pursues internet investigations, federal prosecutors take a hardline approach to prosecution. In federal court, defendants in internet sex crime cases involving allegations of possession, distribution, or production of child pornography can easily face mandatory minimum sentences of 5, 10, or 15 years if convicted, and federal judges have the power to sentence people to even longer terms. Child enticement cases often involve harsh mandatory minimum sentences as well.

If you or a loved one is accused of a crime like this there are no second chances and it is essential to hire the best attorney you can find. Only an attorney experienced in federal criminal defense who has handled federal internet sex crime cases should be trusted by you with your case. At Hacker Murphy, our federal criminal defense attorneys have the experience and knowledge necessary to defend these cases. We have relationships with computer experts who can analyze the forensic computer data to find any available defense to such charges. We seek and find every available factual and legal issue to defend our clients against these charges from start to finish.

Unlawful Internet Gambling Enforcement Act is a Federal Crime

New York State has not enacted specific laws prohibiting internet gambling. Internet Gambling falls under the Unlawful Internet Gambling Enforcement Act as a Federal Crime. The Gambling Act does not specifically prohibit internet gambling.

The U.S. government has determined that internet gambling is illegal through the Wire Act, under which wire fraud and other white-collar crimes are included. The law prohibits gaming businesses from knowingly accepting payments in connection with unlawful internet gambling and on consumers who engage in internet gambling.

Sentencing for Computer Crimes in NY

New York State Penal Law Articles 70 and 80 defines penalties for computer crime convictions that can include prison time and/or fines. Factors that will influence sentencing for cyber, computer, and internet crimes will depend on who the victim is, and whether the defendant has prior criminal charges. Previous convictions as a persistent felony offender, violent felony offender, or persistent violent felony offender, can significantly impact sentencing.

Maximum Sentences for Computer Crimes in NY

Class B Felony conviction could result in a maximum sentence of 25 years in prison and/or a fixed fine not to exceed $5,000 or double the amount of the defendant’s financial gain from the offense.
Class C Felony conviction could result in a maximum sentence of 15 years in prison and/or a fine that will not exceed $5,000 or double the amount of the defendant’s gain from committing actions taken.
Class D Felony conviction could result in a maximum prison sentence of 7 years and/or a fine of up to $5,000 or double the amount of the defendant’s financial gain.
Class E Felony conviction could lead to a maximum sentence of 4 years in prison and/or a fine not to exceed $5,000 or double the defendant’s gain.
Class A Misdemeanor conviction could result in a 1-year prison sentence and/or fines up to $1,000.
Class B Misdemeanor conviction could result in a jail sentence of up to 3 months and/or fines not to exceed $500.

Hiring a Criminal Defense Attorney for Computer Crimes

Hacker Murphy also represents clients with the following criminal charges:

When your career, lifetime earning potential, and quality of life are in jeopardy, you will want to hire a qualified attorney as quickly as possible to preserve your rights, and to mount the strongest defense possible.

As one of the most reputable law firms in the greater Capital Region, Hacker Murphy Law has been defending clients against criminal charges. Our attorneys are experienced and have had significant success in protecting the rights of our clients.

Contact us today for a free phone consultation or a confidential in-person meeting with an attorney at one of our convenient offices in Albany, Schenectady, Troy, and Saratoga Springs. We will listen, allow time for you to ask questions, and provide you with a no-obligation quote for our legal services on the spot.

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Have Questions?

If I hire an attorney but do not want to go to trial, can I settle?

In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
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If arrested, what steps can I take on my behalf?

1. Do not discuss your situation with anyone except your attorney.
2. Unless your attorney says otherwise, do not discuss your case with law enforcement.
3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.
4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
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What is the difference between criminal procedure and civil procedure?

When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
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