Your Defense Against Cyber Crime Charges
Modern technology has given rise to a new type of crime. Over the past few years, there has been an increase in computer and cyber criminal charges. While this type of activity has been around for decades, the invention of smartphones and mobile devices has made these cases particularly prevalent.
Cyber crime is a very serious offense in Nevada. Certain convictions can lead to a felony record. While any type of criminal record can prevent individuals from obtaining employment and other opportunities, it’s even more difficult to pass a background check with a cyber crime conviction on your record.
Fortunately, our knowledgeable Nevada cyber crimes attorney can help you understand all the potential defenses to these charges and fight for the best possible outcome in your case.
What Is Considered a Computer Crime?
The Nevada statute governing computer crimes lists out many different examples of computer criminal offenses. They include:
- Identity theft: This crime involves stealing another individual’s personal information to gain access into their bank accounts and other confidential data.
- Phishing or spoofing: Phishing or spoofing occurs when a person sends out a broadcast email. The email looks like it came from an official company or bank and often states there is a problem with a person’s account. The email includes a link to “sign in” that allows the perpetrator access to credit card numbers, passwords, and more.
- Blackmail/extortion: The rise of the Internet has made these crimes easier to commit, as it’s more difficult to find the source of a threat.
- Hacking: Minor hacking can include gaining access to someone’s email account. Hacking on a bigger scale can include infiltrating entire networks of banks, corporations, and even governments.
- Bullying: The Internet is a public arena where people can be quite cruel. However, when individuals post incriminating photos, create fake profiles, make libelous statements, or start defamatory rumors, it’s considered a crime.
- Child pornography: Again, this is a crime that has always existed. The Internet has just made it easier for those who wish to engage in it.
All of these crimes are taken very seriously in Nevada. People who are facing these types of charges must speak to a Nevada cyber crime lawyer as soon as possible to begin building a defense in their case.
Defenses Against Computer Crimes/Cyber Crimes
There are several defenses to computer crime and cyber crime charges, including:
- Authorization: If an individual had permission to gain access to information, there was no crime committed.
- Lack of intent: Some cyber crimes require the prosecution to prove the defendant knew what they were doing and intended to commit a crime. If a person didn’t know they were committing a crime, such as not knowing a form was fake, they are not guilty.
- Coercion: A defense to many crimes, if a person was coerced into committing a computer crime, it can provide a solid defense. Coercion usually involves a threat to the individual, or their family, if they refuse to commit the crime.
An attorney can advise on which of these defenses, or others, is most suitable for your case.
Penalties for Nevada Computer Crimes
Most computer crimes are considered misdemeanors in Nevada. The penalties for a misdemeanor are up to one year in county jail and a fine of up to $1,000. There are instances, though, when computer crimes are considered a felony. These include:
- When the crime involves using a computer to defraud a person or institution of property
- When a computer is used to defraud a person or institution
- Crimes that result in damages that exceed $500
- Any act that uses a computer to interrupt the services of a government agency or utility
The penalty for felony computer crimes is one to five years in state prison and a fine of up to $100,000. Typically, those convicted must also pay restitution to the victim.
Talk to a Nevada Computer Crime Lawyer Now
If you have been charged with a computer crime, you need the help of an experienced Nevada criminal defense lawyer as soon as possible. At the Law Office of Joel M. Mann, we have extensive experience defending individuals against cyber, computer, and Internet crimes. Let us put that experience to work for you.
Contact us today to schedule your free case review.