Cybercrime in Florida is one of the fastest-growing methods of victimizing people through fraud and exploiting weaknesses in others’ lax computer security. In 2022, Floridians suffered the highest financial loss due to cybercrime, second only to California. Florida’s cybercrime losses were just short of $845 million last year.
Stechschulte Nell, Attorneys at Law, understands cybercrime and how devastating the impact of such crimes can be for victims. But we also recognize that cybercrimes are also alleged against innocent defendants or against people who did not possess the criminal intent attributed to them by law enforcement. Our years of experience representing people accused of crime enable us to successfully defend cybercrime charges in both federal and state criminal courts. If you need criminal defense in a cybercrime case in Florida, contact Stechschulte Nell today.
What Are Cybercrimes?
There are several different categories of cybercrime. They include everything from hacking into another person’s computer or network without their knowledge or consent to using a computer to possess or transmit illegal child pornography or stalk, harass, or bully someone. The crimes could also be charged as federal “wire fraud” crimes if a computer is used for a fraudulent purpose.
Under Florida law, it is a crime against intellectual property for anyone to gain unauthorized access to a computer without authorization and to contaminate, damage, alter, or render inaccessible any data stored or function of that computer or network. It’s also a violation of Florida law for anyone to so enter a computer or other electronic device and to obtain or remove any trade secret or other confidential information.
These are examples of computer hacking that can be employed to enter an individual’s computer, a company’s network, an email account, or even a government computer.
Any person convicted of these acts under Florida’s F.S. 815.04 can be sentenced for a 3rd-degree felony up to 5 years in state prison and fined up to $5,000.
Any person who does so with the purpose of “devising or executing any scheme or artifice to defraud or to obtain any property” can be convicted of a 2nd-degree felony and sentenced to up to 15 years in prison and fined up to $10,000.
Other Examples of Cyber Crimes
Identity theft is stealing another individual’s personal identification information to access their bank accounts and other confidential or personal data.
Phishing or Spoofing: Phishing involves mass sending deceptive emails resembling official communications from banks or companies. Recipients are tricked into clicking a link to resolve a supposed account issue, unknowingly providing access to their sensitive information. Attackers can exploit usernames, passwords, account numbers, and even Social Security numbers. They exploit this information to drain bank accounts, make unauthorized credit card charges, and seize other valuable assets before detection.
Child pornography: Computers have made obtaining, possessing, trading, transmitting, and even producing child pornography easier for the offender and harder for law enforcement to detect. Child pornography laws are extremely strict and federal child pornography laws include decades-long penalties that can be imposed consecutively, making life in prison a real possibility for someone convicted of repeated offenses or a person intensely involved in the production or transmission of the material.
Defenses to Cybercrime
Defending cybercrime requires a deep understanding of how the offense occurs, a knowledge of digital technology, and access to resources that can be relied on to provide qualified expert consultation on technical issues.
Experienced criminal defense lawyers successfully defend cybercrime-related charges by knowing what the prosecution must prove to win a conviction. Analyzing the facts of each individual’s case informs the defense team what elements of the crime will be difficult or impossible for the government to prove.
Authorization: The government cannot prove a hacking crime if the defendant was authorized to access the computer or the network and to work with, download, or affect the data in question. Was the defendant’s authority limited? Did they exceed their authority? Was the limitation of their access unambiguous?
Areas of uncertainty as to the limits of a person’s authority to access data can lead to acquittal or to a favorable negotiated disposition.
If an individual had permission to gain access to information, there was no crime committed.
Lack of intent: Criminal intent is a necessary element of virtually all crimes. In the context of computer-related crimes, the prosecution must prove the defendant had the necessary intent required to commit the crime charged. If the government cannot prove that the alleged cybercriminal intended to defraud the victim, intended to remove data they knew they were unauthorized to access, or intended to misrepresent their identity, then no conviction can stand.
Crimes are not accidental. Unless the defendant possessed the necessary criminal intent to commit the crime, the prosecution will fail.
Take the First Step into Protecting Your Rights with SN Law
When facing cybercrime charges, having the right legal representation is crucial to protecting your rights and building a strong defense. At Stechschulte Nell, Attorneys at Law, we are dedicated to providing effective legal assistance for individuals in Tampa who are accused of cybercrimes.
Our experienced team understands the complexities of cybercrime laws and has a proven track record of successfully defending clients in such cases. If you are in need of a skilled cybercrime criminal defense law firm, don’t hesitate to reach out to us at 813-280-1244.
