What Are the Best Defenses Against Felony Computer Crimes in New York?

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    Computers have become an indispensable part of our everyday life in today’s digital age. However, with the increasing reliance on these devices, cybercriminals are becoming more active. As such, New York law enforcement agents are keen on finding and holding accountable individuals who commit computer crimes. If you have been charged with a computer crime in New York, contact our determined Nassau County Criminal Defense Attorneys, who can help mount a strong defense strategy. 

    What Warrants Felony Computer Crimes in New York?

    Under New York law, computer crimes are broken down into five distinct offenses:

    • Unauthorized use of a computer: This is the most common offense under computer crimes in New York. According to the New York Penal Law, a person is guilty of this crime when they consciously use, cause to be used, or access a computer, computer service, or computer network without authorization. This computer crime is a Class A misdemeanor.
    • Computer tampering: This offense is divided into four degrees. The most basic offense occurs when a person commits the offense of authorized use of a computer and intentionally alters or destroys computer data or another person’s computer program in any manner. This computer crime is a Class A misdemeanor.
    • Computer trespass: A person is guilty of this crime when they commit the offense of authorized use of a computer, and either does so with an intent to commit or try to commit or further the commissions of any felony or knowingly gains access to computer material. This computer crime is a Class E felony.
    • Unlawful duplication of computer-related material: A person is guilty of this crime when they copy, reproduce, or duplicate computer material, data, or a program without authorization and intends to wrongfully deprive the owner of economic value for their benefit or another. This computer crime is a Class E felony.
    • Criminal possession of computer-related material: A person is guilty of this offense when they knowingly possess, in any form, a reproduction, copy, or duplicate of any computer program or data which was copied, duplicated, or reproduced in violation of unlawful duplication of computer related material with the intention to benefit themselves or another person. This computer crime is a Class E felony.

    What Are Possible Defenses?

    If you have been charged with a felony computer crime in New York, it’s best to connect with a seasoned criminal defense attorney who can help you explore available defense strategies. Depending on the circumstances of the offense, you may be able to assert that you were granted permission or authorization to access the computer or networks that you were accused of hacking. If your rights were violated during the arrest, such as being the victim of an unlawful search and seizure. If this occurs, the evidence that is illegally obtained would be deemed inadmissible in court, which could weaken the prosecution’s case against you.

    Unfortunately, you can be accused of several crimes involving your mobile devices, resulting in jail time, steep monetary fines, and a criminal record that can haunt you for years. If you’ve been charged with a computer crime in New York, please don’t hesitate to contact a proficient attorney from Grunwald & Seman, P.C., who can aggressively fight to protect your rights.

     

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