joomla visitor
FREE CONSULTATION 619-405-0063

San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

San Diego Computer Crimes Lawyer

 

Computer Crimes in San Diego

Fraud consists of deceiving someone in order to induce that person to act in a way that is injurious to them. With the technological advances of the internet fraud is no longer limited to in person, over the phone or through the mail. Now fraud can be accomplished online! In response, California has enacted laws that are meant to protect computers, computer systems, and computer networks of individuals, businesses, and organizations. Computer crimes are offenses that involve cyber fraud. The internet component of computer crimes allows California and the federal government both to have jurisdiction over these offenses.This means that if you are facing charges for a computer crime you could be prosecuted by either California or the Federal government.

 

Understanding California Penal Code Section 502

California Penal Code section 502 penalizes many computer-related activities that impact the functionality, use, or confidentiality of computer data, computers, computer systems, and computer networks. California also penalizes the unauthorized taking or copying of data and information from a computer, computer system, or computer network. Any person who knowingly accesses a computer, computer system, or computer network and alters, disrupts, deletes, destroys, takes, copies or changes any data to devise or execute a scheme to defraud, deceive or extort or wrongfully obtain money may be charged with a computer crime. The type of computer crime a person may be charged with will depend on the person’s purpose for the unlawful access, whether it was to control or obtain money, property, or data.

 

Understanding Federal Wire Tap Fraud

Wire tap fraud consist of any online scheme that uses false pretenses to deceive another person in order to obtain money. You do not have to accomplish this goal in order to be charged for wire tap fraud, even if you were not successful in obtaining the money you could still face federal charges. In order to convict someone of federal wire tap fraud, the prosecution has to prove the following "elements" of the crime:

  1. You had a scheme, or plan, to commit fraud;
  2. You specifically intended to defraud someone; 
  3. You used electronic means of communication in an effort to further the scheme. 

 

Penalties for Computer Crimes

The punishment for cyber fraud depends on the jurisdiction, type of computer crime, the severity of the violation, the value of any losses suffered by the victim, and the defendant’s prior criminal history. There are varying sentences for computer crimes prosecuted by California and those prosecuted by the Federal government. If you are convicted of internet fraud under the federal wire fraud statute, you can be fined, sentenced to up to twenty years in federal prison or both. Whereas if you are convicted of California computer crimes that involve unlawfully accessing, charging, or damaging a computer, computer system, or computer network may result in a fine, imprisonment, or both. The maximum fine required may range from $1,000 to $10,000. The term of imprisonment may be served in county jail or state prison and last for a term of one year, sixteen months, two years, or three years. A court might also order compensatory damages to be paid to a victim who suffered damages or losses resulting from the computer crime. California law allows courts to require community service or to accept other forms of alternate sentencing. In order for a person to receive an alternate sentence, a defendant convicted of a computer crime would need to demonstrate remorse and show the court that future crimes are unlikely.

 

Related Offenses for Computer Crimes

Credit Card Fraud

California Penal Code section 484(e) prohibits the selling, transferring, acquiring or otherwise possessing the credit card or credit card information of another person without that other person's consent. Credit card fraud becomes a cyber crime when a person shopping online places an order, pays a bill, or does online banking. The offense consists of altering an existing credit card, counterfeiting a fake card or signing someone else's name in a credit card transaction without that person's consent.

Identity Theft

California Penal Code section 530.5 prohibits unlawfully and intentionally acquiring and retaining possession of personal identifying information of another person. Identity theft becomes a cyber crime when a person has either gained access to a person's computer information or mail and uses the information to create a credit card, or other account, to get money or items that they are not entitled.

 

Not Guilty

These are some of the criminal defenses that we can assert on your behalf to help you overcome charges for cyber crimes:

  • Consent; you had permission to go online and access the information.
  • Lack of intent to defraud; you did not have a scheme to commit fraud.
  • Mistaken Identity; your own computer system was hacked when the offense occurred.

 

Best Defense

Computer crimes are very technical in nature, you need a criminal defense attorney with vast experience handling cyber fraud. At Monder Law Group we know the ins and outs of cyber crimes and work with the leading experts on these cases. Allow us the opportunity to show you what strategies we can apply to your particular circumstances to ensure the best outcome in your case.

 

Contact San Diego Cyber Fraud Criminal Defense Attorney Vik Monder for a FREE consultation today at: 619-405-0063

Contact San Diego Criminal Attorney Vik Monder for a free consultation today at: 619-405-0063

San Diego Best Criminal Attorney Award

Our Practice Areas

Assault Attorney

Assault & Battery

Domestic Violence Attorney

Domestic Violence

Driving Offense Attorney

Driving Offenses

Drug Criminal Attorney

Drugs

Expungement &
Post Conviction

Firearms

San Diego Fraud Attorney

Fraud

Military Defense

Sex Criminal Attorney

Sex Crimes

San Diego Theft Attorney

Theft

San Diego Criminal Defense Attorney

5.0 stars
5.0 out of 5.0
Based on 29 reviews
San Diego, CA

You have the right to remain silent and refuse to answer questions. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

Contact Us

You have the right to remain silent and refuse to answer questions. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.