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Cyber Crimes Defense Attorney

At the Law Office of Jeffery King, PLLC, we provide aggressive cyber crime defense in Texas and United States District Courts. In some cases, it is possible to have charges dismissed before the case against you progresses.

 

In his 15 years of legal practice, cyber crimes attorney Jeff King has defended a wide variety of white collar crimes and alleged Internet offenses. Given the significant and life-changing penalties involved in a cyber crime conviction, it is critical to seek an aggressive criminal defense attorney who has a proven track record of success. Whether you are facing charges for online fraud, cyberstalking, or other types of Internet crimes, do not hesitate to contact Jeff King for experienced legal counsel.

 

The use of computers in criminal activity is a relatively new phenomenon. With the advent of wireless technology and the explosion of Internet use, it is not surprising that there would be new legislation to address computer crimes.

Types of cyber crime

Cyber crimes, also known as computer crimes, are offenses that are committed using telecommunication networks such as the Internet. The following are some examples of computer crimes that can be prosecuted under state and/or federal law:

  • Cyber stalking
  • Online harassment
  • Identity theft
  • Online fraud or scams
  • Computer hacking
  • Illegal spamming
  • Phishing
  • Embezzlement
  • Online solicitation of a minor
  • Sexual exploitation of a minor
  • Distribution of child pornography
  • Installation of malicious software
  • Copyright infringement
  • Disruption of services
  • Virus attacks
  • Cyber theft
  • Movie and music piracy

Online solicitation of a minor

Communicating on the internet with a minor in a sexually explicit manner or distributing sexually explicit material to a minor over the internet can lead to criminal charges. Anyone accused of soliciting a minor online faces lifetime sex offender registration and/or significant prison time if convicted.  The law considers a minor anyone who is — or who represents themselves as being — younger than 17 years of age. The crime of soliciting a minor on the internet can be bumped up to a felony charge if the minor is under 14 years of age. 

Online fraud

A computer fraud conviction can result in severe penalties, including prison sentences of up to 20 years. Internet fraud includes data theft, identity theft, credit card fraud, hacking into someone else’s computer, phishing and more.

Cyberstalking

Cyberstalking and other forms of online harassment such as cyberbullying can lead to misdemeanor and even felony charges, leading to heavy fines, possible inclusion in a national sex offender database, and in some cases a prison sentence in a federal penitentiary.

 

National crackdown on cyber crimes

With advances in wireless and electronic communications, prosecutions of cyber crimes in Texas and throughout the nation have been steadily climbing. Whether it involves allegations of computer sex crimes or credit card fraud, there are local, state and federal task forces springing up to police action over the Internet. In many cases, it is often too late before you realize you were being monitored or targeted by law enforcement.

 

Computer crimes are punishable with harsh fines, community service, restitution and possible incarceration.  Even the most innocent can become embroiled in cyber crime investigations and become targets of criminal charges. Any sort of allegation should be dealt with seriously and swiftly with the guidance of a qualified attorney.

 

Jeff King offers valuable legal assistance to those being investigated or charged with criminal online offenses, and has the resources to help you avoid the most serious repercussions. If you have been approached by law enforcement for suspected computer crimes, contact our Dallas office right away.

Texas computer crime laws

Texas enacted its first computer crime law in 1985, which has since been amended multiple times. Under Texas Penal Code Sec. 33.01, it is illegal to access another party’s computer, network, or system without permission or express consent from the owner. It is also a crime to access a computer or data files for the purpose of committing fraud or inflicting harm. The Texas Penal Code statute gives broad meaning to the term “access”: “means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or computer system.”

 

There are devastating consequences of being convicted of a computer crime in Texas. For instance, breach of computer security can be prosecuted up to a first degree felony, with up to two decades in prison. Punishments will escalate depending on whether the cyber crime charge is a misdemeanor or a felony.

Federal cyber, Internet crimes

The Computer Fraud and Abuse Act, 18 U.S.C. §1030 lays the foundation of federal statutes on cyber and Internet crimes. Under this statute, computer hacking, online espionage, theft of protected information, obtaining national security information, password trafficking, hacking into government networking systems, extortion involving computers, Internet fraud and offensive attacks against protected computers are federal offenses. Minimum penalties are one year imprisonment and repeat offenses can land you in jail for 20 years to life.

 

Other federal statutes governing computer crimes include:

  • Wire Tap Act U.S.C. Sec. 2511
  • Identity Theft 18 U.S.C. Sec. 1028
  • CAN-SPAM Act 18 U.S.C. Sec. 1037
  • Economic Espionage Act (EEA)
  • Unlawful Access to Stored Communications: 18 U.S.C. Sec. 2701
  • Aggravated Identity Theft 18 U.S.C. Sec. 1028A
  • Access Device Fraud 18 U.S.C. Sec. 1029
  • Communications Interference 18 U.S.C. Sec. 1362
  • Wire Fraud: 18 U.S.C. Sec. 1343

Felony convictions for certain Internet fraud charges can result in penalties of up to $250,000 (or $500,000 for organizations). Make no mistake: even accessing another person’s computer is a misdemeanor crime, punishable with up to 12 months in jail and a $100,000 fine.

 

Over the past decade, the U.S. Department of Justice has augmented its resources to prosecute computer-related crimes. However, a good defense attorney can spot weaknesses in a prosecutor’s case. Having successfully represented many clients in Texas, Jeff King stands prepared to mount a sound legal defense to achieve the best outcome possible. This may include negotiating a plea deal, having the charges reduced or dropped, or fighting your case before a jury.

Cyber crime lawyer in Dallas, Texas

When you hire Internet crime lawyer Jeff King to represent you, he will prepare for the defense of your case in a meticulous fashion. Jeff King has many years of experience taking these types of cases to trial. Leveraging professional relationships with forensic computer experts, investigators, and other specialists that will join your defense team, Jeff King will work relentlessly to protect your rights, your freedom and your reputation.

 

Whatever the nature of the charges against you, it is important to act quickly in contacting a skilled computer crimes defense lawyer. Contact our Dallas, Texas law offices today to schedule a free, no-obligation case review with Jeff King.

Additional “cyber crime defense” resources:

  1. FBI, Internet Fraud https://www.fbi.gov/scams-and-safety/common-fraud-schemes/internet-fraud
  2. S. Department of Justice, Prosecuting Computer Crimes https://www.justice.gov/sites/default/files/criminal-ccips/legacy/2015/01/14/ccmanual.pdf
  3. TexasStateStatutes, Penal Code Sec. 33.01 http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.33.htm
  4. Texas ICAC Task Force, Law Enforcement CyberCenter http://www.iacpcybercenter.org/labs/texas-icac-task-force-dallas-police-department-2/
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THE LAW OFFICE OF
JEFFERY KING, PLLC.
2626 Cole Ave.
Suite 415
Dallas, Texas 75204
T: 469-399-7001
info@jeffkinglaw.com
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