Cybercrimes are a very serious topic that can come with severe consequences, no matter what state you live in. In Colorado, these charges can come with life-altering consequences, which is why you should try to have the charges reduced or dropped altogether. The good news is that there are some legal defenses a criminal defense lawyer in Colorado Springs may be able to use for your case.
Are you facing cybercrime theft charges? If so, criminal lawyers in Colorado Springs can help you navigate this complex legal process and build a defense strategy that will get you the best possible result.
Understanding Cybercrime Laws
Something you need to understand about cybercrime is that it often involves interstate communication networks. Because of this, it is also considered to be a federal crime as well as a state crime. This makes cybercrime theft charges much more severe since you could be prosecuted in state and/or federal court.
Colorado law criminalizes specific actions that would make them fall into the category of cybercrime, including:
- Unauthorized access to a system, computer, or network
- Accessing a network, system, or computer to commit theft or fraud
- Using a software application that disrupts or disables event tickets, electronic queues, and waiting periods
- Transmitting malware, viruses, or ransomware
- Accessing a computer, system, or network by false pretenses to gain sensitive information, money, property, or services
- Unauthorized access of a system, network, or computer to interrupt or impair another system, network, or computer
Cybercrime Penalties
When it comes to cybercrimes in Colorado Springs, the type of punishment you face is often determined by how much damage was caused. Common penalties include misdemeanors and felonies, such as:
- Petty offense: Damage less than $300
- Class 2 Misdemeanor: Damage of $300 but less than $1000
- Class 1 Misdemeanor: Damage of $1000 but less than $2000
- Class 6 felony: Damage of $2000 but less than $5000
- Class 5 felony: Damage of $5000 but less than $20,000
- Class 4 felony: Damage of $20,000 but less than $100,000
- Class 3 felony: Damage of $100,000 but less than $1,000,000
- Class 2 felony: Damage of $1,000,000 or more
Types of Cybercrimes
Because cybercrimes are done online, this is an extensive category that encompasses a variety of crimes. Some examples of cybercrimes include:
- Identity theft
- Cyberbullying or cyberstalking
- Hacking
- Credit card theft
- Wire fraud
- Crypto hacking
- Software piracy
- Phishing scams
- Deploying ransomware, malware, or viruses
The type of cybercrime will have a significant impact on the kind of penalty you may face. This is because the repercussions of these charges are directly related to the extent of the damage they have caused. For instance, something like crypto hacking or wire fraud will usually be taken more seriously than cyberbullying or credit card theft.
The charges can also be more significant if a dollar amount can be determined for the charge. For instance, credit card theft, identity theft, software piracy, and wire fraud can all come with an exact dollar amount that was lost due to the crime.
Possible Defenses For Cybercrime Theft Charges
If you are facing cybercrime theft charges, you will want to fight these charges to try to get a better outcome. In some instances, a criminal defense lawyer in Colorado Springs may be able to get your charges reduced or have them dropped altogether. Here are some common defense strategies your cybercrime attorney may use for your case.
Case of Mistaken Identity
A common defense strategy for cybercrimes is to prove that the case is founded on mistaken identity. Because cybercrimes are usually done online, it is not uncommon for people to be falsely accused of Internet crimes because someone else used their technology or the Internet.
For a mistaken identity defense to stick, your cybercrime attorney will either have to have proof that shows you were not the perpetrator, or they will have to prove that the evidence against you is not correct. You may have an alibi that excludes you from being the person who committed the crime, or someone may have hacked your system, locking you out of your devices or the Internet.
Lack of Intent
The majority of cybercrimes are directly linked to a lack of consent. For instance, for most cybercrime charges to stick, it has to be proven that you accessed someone’s device, Wi-Fi, or Internet without their consent. If your attorney can prove that you had consent, this will prove that there was never a crime.
Your attorney could also use this strategy to show a lack of intent if you did not intend. You may have thought you had the owner’s consent, which could help you get a lesser charge.
Law Enforcement Violations
There are many defense strategies that are directly related to law enforcement and how they handled the case at the time of your arrest. A common route a cybercrime attorney can take is unlawful search or seizure.
Law enforcement may have raided your home or searched your belongings without having enough reasonable evidence to do so. Law enforcement may not have read you your Miranda rights before asking you custodial questions. Both of these instances would go against your Fourth Amendment rights, potentially dropping the evidence that was collected.
Having certain pieces of evidence thrown out may not entirely remove cybercrime charges, but it can help reduce the penalties involved.
Hire an Experienced Criminal Defense Attorney at the Law Offices of Clifton Black
Serious cybercrime theft charges can result in penalties like jail time and costly fees. These types of charges can also go on your permanent record, having a long-term impact on your life. That is why it is crucial that you hire a criminal defense lawyer in Colorado Springs who can help you fight these charges.
At The Law Offices of Clifton Black, our Colorado criminal defense attorneys are experienced in Colorado cybercrimes and can provide our clients with the best legal representation. For the best in cybercrime defense, contact us today at 719-328-1616 for a consultation.
