(813) 252-1529Cyber Crime Lawyer In Tampa
Fighting for the Justice You Deserve
For several decades, computers have been an integral part of our everyday lives. As computers became virtually universal over the last 30 years, it’s no surprise that computer crimes — “cyber crimes” — also increased substantially. But what, precisely, constitutes a cyber crime?
Wikipedia defines cyber crimes as crimes that are “committed against individuals or groups … to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly” by using computers and/or mobile phones.
Put more simply, if someone uses a computer or a smartphone to commit a crime, it’s a cyber crime. The internet reaches around the globe and makes all types of online criminal activity possible. Federal and state law enforcement agencies deal quite seriously with cyber crime.
When you’ve been charged with internet crimes, you need a defense attorney with experience in this area of the law. The legal process for prosecuting these crimes depends heavily on technology and computer evidence, which can be challenging to refute. Attorney Patrick B. Courtney, P.A., is up to the task. Call today to schedule an appointment to discuss your case.
Could You Be Falsely Accused of a Cyber Crime?
Computers are everywhere, and most of us are online for a significant portion of our days, whether that’s performing basic Google searches, using online software tools, or asking ChatGPT how to better manage our lives. Cyber crimes can result from phone, computer, or tablet use — any device that connects to the internet is fair game. Cyber crimes are generally prosecuted based on evidence found within these devices or through investigation techniques that locate IP addresses and other information to identify the defendant. But they don’t always get it right.
In the 21st century, almost anyone could mistakenly commit — or could be wrongly accused of — a felony or a misdemeanor cyber crime at either the state or federal level. If that happens, you need experienced legal counsel immediately. An attorney can ensure you understand your rights, whether that’s against illegal search and seizure or the right to remain silent to protect yourself against incrimination when talking with investigators.
If you’re innocent, it’s even more important to have a lawyer on your side, as it’s common for defendants who know they haven’t done anything wrong to provide potentially incriminating information that can be turned against them later on. For example, you may admit that a device is yours without knowing that someone else used it to commit a crime without your knowledge. If you allow investigators to search the device without a warrant, any evidence found can be used to charge you with a crime.
What Crimes Are Cyber Crimes?
Florida’s cyber crime statutes cover all types of illegal online activity, from fraud and forgery crimes to hacking, identity theft, and posting revenge porn. Cyber crimes are somewhat unique in the fact that they can easily cross state and even country boundaries. Someone who uses a computer in Florida, for example, could solicit sex from a minor in California, post revenge porn pictures of someone in Ohio, or steal intellectual property from a company in New York. This is why it’s important to work with a knowledgeable attorney who can fight for your rights and help you understand the evidence against you and what that might mean for your case. Other cyber crimes include:
- Uploading or downloading child pornography: This can include images of adults if there is evidence the defendant believed the subjects were underage
- Soliciting a minor through the internet: You never know who is on the other side of the computer, and if that person is a minor, you can face serious criminal charges
- Intellectual property theft: This can include copyrights, trademarks, and other intellectual property
- Credit card or bank fraud: Using someone else’s information to open up credit cards or access accounts through the internet is a crime
- Phishing scams: These are often centered around trying to get personal information from the victims to commit identity theft
What Can Happen If You Are Charged With a Cyber Crime?
If you are charged with a cyber crime, your emails, text messages, and social media accounts will be scrutinized. Your computer and phone will be searched. Prosecutors in Florida can be surprisingly aggressive, especially if a cyber crime case involves minors, sex, and the internet.
U.S. attorneys also prosecute cyber crimes aggressively. When online crimes involve people in different states, it usually means that a federal law has been violated, and criminal charges against the suspect or suspects may be filed in a federal court.
If you are accused of a cyber crime, you can’t be represented by an attorney who has little or no computer background or experience. In fact, it will probably be your attorney’s task to educate the court — and if your case goes to trial, the jury — about the technology related to your case.
What Penalties Are Imposed for a Cyber Crime Conviction?
If you are convicted of a cyber crime charge, you could pay a stiff fine, be ordered by the court to register as a sex offender, or even be sent to jail or prison. It depends on the specifics of the case and the charge.
The consequences of a cyber crime conviction can follow you for years. If you hold a professional license in Florida, that license could be suspended or revoked after a cyber crime conviction. If you’re an immigrant in this state, you could face deportation.
What Are the Defenses Against a Cyber Crime Allegation?
What defense options you may have depend largely on the circumstances of your case and what your official charges are. An attorney will listen to your account of the events, find out what evidence the prosecution may have, and provide counsel on which defense strategy gives you the best chance of a positive outcome. Some of the potential options are discussed in more detail below.
Violation of the Defendant’s Right
In the United States, people have certain constitutional rights when they are being investigated or arrested for a crime. For example, you have the right to be protected against illegal search and seizure. This means that investigators generally need either your permission or a search warrant to go through your devices. You also have the right to remain silent and the right to an attorney.
However, if law enforcement officers violate your rights while gathering evidence to build a cyber crime case against you, an experienced attorney may be able to have the charge against you dismissed.
Lack of Intent
Sometimes, a cyber crime charge is merely the result of a mistake or a misunderstanding, with no criminal intent. Innocent people can sometimes be cajoled or confused into clicking a link they shouldn’t click, and they can end up technically committing a crime without even knowing it. In some cases, if an attorney can successfully argue that there was no criminal intent, you may be found not guilty or have the charges dropped.
Innocence
Many people think that their cases will be easy if they’re innocent, but the criminal justice system doesn’t always work this way. IP addresses can be rerouted and spoofed to show that criminal activity took place on your device, and computer forensics may not be able to distinguish between multiple users on one device. For example, you may be charged for an internet crime that was committed on a shared device because it was logged into your profile, even if someone else did it. Proving it wasn’t you can be difficult. It’s always important that you be 100 percent honest with your attorney about what you did or the events leading up to an arrest. If you’re innocent, your attorney can work to find evidence that substantiates this to dispute the charges.
Entrapment
While entrapment is an official defense option, it rarely works as a defense in cyber crime cases. Internet sting operations targeting sexual predators must be conducted according to precise rules. Law enforcement agencies know the entrapment rules, and they’re usually careful not to violate those rules.
For the typical Floridian, the best advice is to use simple common sense. Do not discuss sex — or anything that suggests criminal activity — online with anyone who you don’t know in real life. That protects you from online entrapment and from most criminal charges related to cyber crimes.
Were You Accused of a Cyber Crime in the Tampa Bay Area?
If you are the person who stands accused of committing a computer crime in the Tampa Bay area, an experienced Tampa cyber crime attorney will be needed to handle your case, protect your rights, and if necessary, defend you against the cyber crime charge at a criminal trial.
Tampa criminal defense attorney Patrick B. Courtney has an extensive legal background and more than 24 years of courtroom experience. He’s a former prosecutor who protects his clients’ rights and fights for defendants who are accused of a cyber crime.
Pat Courtney represents clients in Hillsborough, Pasco, Polk, Pinellas, Manatee, and Sarasota counties. Learn more by calling his law offices at (813) 252-1529 or by using the online contact form here on this website.
