Defending Yourself Against Cyber Crime Charges in California

Cyber crime, also known as internet crime, is a broad category that can include various criminal charges, such as identity theft, data breaches, and phishing campaigns. According to the 2023 Internet Crime Report from the Federal Bureau of Investigation, California had the highest number of cyber crime complaints nationwide.

As more of our society moves to the online environment and cyber crime instances have increased, the government has become increasingly focused on investigating and strenuously prosecuting these crimes. Defendants need to thoroughly understand what it means to be charged with a cyber crime and retain experienced defense representation to handle their cases.

The Most Common Cyber Crime Charges

Because the term “cyber crime” can refer to a wide variety of criminal charges, defendants need to understand precisely what they’re charged with and what statute it falls under. Some of the most common types of cyber crimes include:

  • Phishing emails that are intended to convince people to provide personal information or passwords
  • Personal or business data breaches
  • Nonpayment or non-delivery of services or goods
  • Extortion over the internet, which is often conducted through cell phones
  • Investment scams, including fake cryptocurrency transactions
  • Identity theft, including credit card theft
  • Email scams explicitly targeting businesses, such as those that pose as the CEO or another senior employee asking lower-level employees to buy gift cards
  • Ransomware/malware attacks

In many cases, the laws have lagged significantly behind technological advancements, making these cases incredibly challenging. If you’ve been charged with any of the above acts or another cyber crime, the attorneys at The SoCal Law Network can help.

Investigation and Prosecution Methods for Cyber Crimes

Because cyber crime charges relate to the digital environment, whether that’s an attempted breach of a business data reserve or extortion through text messages, the investigation also primarily consists of online tools and evidence. For example, investigators may use IP addresses, network traffic logs, and other tools to gather evidence and identify who is behind a specific incident.

Investigators must show a judge that they have enough preliminary evidence for there to be probable cause for a search warrant. If the judge agrees and grants this, law enforcement officers can seize your electronic devices for forensic investigation. This seizure can include recovering deleted files, going through texts and emails, or looking at GPS data to determine where the device was when a specific action occurred.

When it comes to prosecuting these cases, a large portion of the prosecution’s case is devoted to explaining all of this to the jury in an effort to tie the evidence — and therefore the criminal act — to the defendant. This can involve using expert witnesses to explain the evidence’s meaning and how it was gathered.

It’s critical that defendants facing these charges have their own experienced legal representation who know how to refute these claims, undermine the prosecution’s evidence, and present their own expert witnesses to rebut the testimony.

Top Defense Strategies for Internet and Cyber Crimes

Depending on the nature of the charges, cyber crimes can be either misdemeanors or felonies in California. What defense strategy your attorney recommends is likely to vary depending on the type of charge and whether there are any other factors, such as previous convictions or aggravating circumstances. Below are some of the common defense strategies for these types of cases.

Not Having the Required Level of Intent

Many internet crimes require the defendant to have the specific intent to commit the crime to be charged. For example, hacking, which is formally charged as a type of larceny in California, requires that the defendant knowingly and without permission accessed the data. If the defense can prove that the defendant had a reasonable belief that they were allowed to access the data, the charge may not apply.

Implicating Others

One of the challenges of cyber crimes is that there is usually no video or photographic evidence that places the defendant in the act of the alleged crime. Prosecutors must prove through other evidence, such as GPS data or IP addresses, that the defendant was, in fact, the person who committed the crime. However, this data can be faked or altered. In this case, the person who committed the crime may do this to frame someone else. Creating doubt as to the defendant’s specific role can help the defense. Your defense attorney may also attempt to undermine the accuracy of the prosecution’s evidence in this process as well.

Presenting a Violation of the Defendant’s Rights

Defendants have certain constitutional rights in the United States, including the right to be protected from illegal search and seizure and the right to remain silent. If those rights are violated during the investigation, it’s often possible to have key evidence ruled inadmissible in court or have the case dismissed entirely. For this reason, it’s essential to let your attorney know everything that happened before, during, and after your arrest to ensure they are aware if there were any issues that could be used for your defense.

Whether you have been charged with a misdemeanor or need a felony defense attorney, the team at The SoCal Law Network is here to help. We have extensive experience defending clients in Orange County against all types of cyber crimes. If you’re facing criminal charges, call our office today at 949-779-3799 to get more information. We can help you understand what you’re facing and why we’re the right choice for your defense team.