Back to Practice Area: Criminal Defense

Computer Crimes

In the digital age, accusations of computer crimes carry severe legal consequences, often involving felony charges at the state or federal level, or both. Whether you face allegations of unauthorized computer use, internet fraud, or more serious offenses like federal internet sex crimes and aggravated identity theft, the implications for your career, finances, and personal freedom are significant. At Hacker Murphy, we are dedicated to defending our clients with the expertise and tenacity these cases demand.

Below are some of state and federal computer crimes that we have successfully defended against.

State Computer Crimes

Unauthorized Use of a Computer

  • New York Penal Law § 156.05
    • Unauthorized use of a computer is a Class A Misdemeanor. It involves knowingly using, causing to be used, or accessing a computer, network, or service without proper authorization.

Computer Trespass

  • New York Penal Law § 156.10
    • A Class E Felony, computer trespass is charged when unauthorized use of a computer is committed with:
      • Intent to commit or further another felony offense.
      • Knowledgeable access to restricted computer material.

Internet Sex Crimes

  • State-Level Internet Sex Crimes
    • Charges may include:
      • Disseminating indecent material to a minor
      • Promoting or possessing obscene sexual performances by a child
      • Promoting or possessing sexual performances by a child

Sentencing for Computer Crimes In New York

New York State Penal Law Articles 70 and 80 outline penalties for cyber and computer crimes. Sentencing depends on the nature of the offense, the identity of the victim, and the defendant’s criminal history.

Maximum Sentences for Computer Crimes

  • Class B Felony: Up to 25 years in prison and/or fines of $5,000 or double the defendant’s financial gain.
  • Class C Felony: Up to 15 years in prison and/or fines of $5,000 or double financial gain.
  • Class D Felony: Up to 7 years in prison and/or fines of $5,000 or double financial gain.
  • Class E Felony: Up to 4 years in prison and/or fines of $5,000 or double financial gain.
  • Class A Misdemeanor: Up to 1 year in prison and/or fines up to $1,000.
  • Class B Misdemeanor: Up to 3 months in jail and/or fines up to $500.

Federal Computer Crimes

  • Federal Internet Sex Crimes
    • Federal agencies like the FBI and the Department of Homeland Security aggressively investigate internet sex crimes.
    • Common charges include:
      • Possession, receipt, or distribution of child pornography
      • Illicit communication with minors
      • Distribution of obscene images
      • Enticement or coercion of minors

These cases are often complex and may involve unintentional possession of illicit material through file-sharing programs or interactions with federal agents posing as minors online. Convictions carry harsh mandatory minimum sentences ranging from 5 to 15 years, with the potential for even longer terms.

  • Aggravated Identity Theft
    • In combination with a qualifying, underlying felony such as wire or bank fraud or embezzlement, the government may charge a defendant with aggravated identity theft if the allegations involved illegal use or transfer of another’s identity. This is commonly charged in cases where a defendant is accused of identity theft in connection with his or her internet or computer use.

A defendant convicted of federal Aggravated Identity Theft faces an additional two years of imprisonment on top of the sentence for the qualifying felony.

At Hacker Murphy, our attorneys leverage forensic computer experts to scrutinize evidence and build robust defenses. We leave no stone unturned to protect our clients against these serious charges.

Factors Influencing State or Federal Sentencing for Computer Crimes

  • Prior Convictions: Persistent felony offenders or violent felony offenders face harsher penalties.
  • Victim Impact: The victim’s identity and the financial or emotional damage caused by the crime may increase sentencing severity.

Why Choose Hacker Murphy

When your career, financial stability, and reputation are at stake, you need a skilled defense attorney who can navigate the complexities of computer crime laws. At Hacker Murphy, we bring:

  • Expertise: Decades of experience in criminal defense, including cyber and federal cases.
  • Success: A proven track record of minimizing charges, avoiding convictions, and reducing sentences.
  • Dedication: Personalized attention to each client’s case, ensuring no detail is overlooked.

Time is critical in computer crime cases. If you or a loved one is facing allegations, act quickly to secure legal representation. Contact Hacker Murphy for a free consultation at one of our convenient locations in Albany, Schenectady, Troy, or Saratoga Springs. We are here to listen, answer your questions, and provide you with a no-obligation quote for our services. Call us today at (518) 284-3183—your future may depend on it.