Computer Crime Defense Attorney in Miami

An alleged offender can be charged under this statute is he or she willfully, knowingly, and without authorization:

• introduces a computer contaminant or modifies or renders unavailable data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property;
• destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property; or
• discloses or takes data, programs, or supporting documentation that is defined as a trade secret or is confidential as provided by law residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property.

An offense under this statute is classified as a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000. If the alleged offense was “committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property,” then the crime is classified as a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000.

Offenses against Users of Computers, Computer Systems, Computer Networks, and Electronic Devices (Florida Statute § 815.06)

An alleged offender can be charged under this statute is he or she willfully, knowingly, and without authorization:

• Accesses or causes to be accessed any computer, computer system, computer network, or electronic device with knowledge that such access is unauthorized;
• Disrupts or denies or causes the denial of the ability to transmit data to or from an authorized user of a computer, computer system, computer network, or electronic device, which, in whole or in part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another;
• Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device;
• Destroys, injures, or damages any computer, computer system, computer network, or electronic device;
• Introduces any computer contaminant into any computer, computer system, computer network, or electronic device; or
• Engages in audio or video surveillance of an individual by accessing any inherent feature or component of a computer, computer system, computer network, or electronic device, including accessing the data or information of a computer, computer system, computer network, or electronic device that is stored by a third party.

An offense under this statute is classified as a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.

The crime can be classified as a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000 if the alleged offender:

• Damaged a computer, computer equipment or supplies, a computer system, or a computer network and the damage or loss was at least $5,000;
• Committed the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property;
• Interrupted or impaired a governmental operation or public communication, transportation, or supply of water, gas, or other public service; or
• Intentionally interrupted the transmittal of data to or from, or gained unauthorized access to, a computer, computer system, computer network, or electronic device belonging to any mode of public or private transit.

If any of the above actions endangered human life or disrupted a computer, computer system, computer network, or electronic device that affects medical equipment used in the direct administration of medical care or treatment to a person, then the alleged offense becomes a first-degree felony punishable by up to 30 years in prison and/or a fine of up to $10,000.

Offenses against Public Utilities (Florida Statute § 815.061)

If an alleged offender willfully, knowingly, and without authorization gains access to a computer, computer system, computer network, or electronic device owned, operated, or used by a public utility while knowing that such access is unauthorized, the alleged offense is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.

If an alleged offender willfully, knowingly, and without authorization physically tampers with, inserts a computer contaminant into, or otherwise transmits commands or electronic communications to a computer, computer system, computer network, or electronic device that causes a disruption in any service delivered by a public utility, the alleged offense is a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000.

Federal Computer Crimes

Cybercrimes prosecuted by the federal government are often brought under violations of the Computer Fraud and Abuse Act (CFAA). Because most every computer or cell phone “is used in or affecting interstate or foreign commerce or communication,” many computers fall under the jurisdiction of the CFAA.

Title 18 U.S. Code § 1030 establishes several federal offenses that carry the following penalties:

• Computer Espionage: Violations of 18 U.S.C. § 1030(a)(1) are punishable by up to 10 years in prison for the first offense or up to 20 years for second and subsequent offenses and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
• Obtaining Information by Unauthorized Computer Access: Violations of 18 U.S.C. § 1030(a)(2) involve a three tier sentencing structure. Simple violations are punishable by up to one year in prison and/or a fine of up to $100,000 for individuals or up to $200,000 for organizations. Second tier violations—for cases in which the offense was committed for purposes of commercial advantage or private financial gain, the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any state, or the value of the information obtained exceeds $5,000—are punishable by up to five years in prison and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations. Third tier violations involve repeat offenders and are punishable by up to 10 years in prison and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
• Trespassing in Government Cyberspace: Violations of 18 U.S.C. § 1030(a)(3) are punishable by up to one year in prison and/or a fine of up to $100,000 for individuals or up to $200,000 for organizations for first offenses. Subsequent violations are punishable by up to 10 years in prison and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
• Computer Fraud: Violations of 18 U.S.C. § 1030(a)(4) are punishable by up to five years in prison for the first offense or up to 10 years for second and subsequent offenses and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
• Causing Computer Damage: Violations of 18 U.S.C. § 1030(a)(5) have a broad range of penalties depending on whether the alleged offender intentionally, recklessly, or negligently caused damage by intentional access. Punishments range from a maximum of one year in prison and/or a maximum fine of $100,000 for individuals or $200,000 for organizations to a maximum of 20 years in prison and/or a maximum fine of $250,000 for individuals or $500,000 for organizations.
• Trafficking in Computer Access: Violations of 18 U.S.C. § 1030(a)(6) are punishable by up to one year in prison and/or a fine of up to $100,000 for individuals or up to $200,000 for organizations for first offenses. Subsequent offenses are punishable by up to 10 years in prison and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
• Extortionate Threats: Violations of 18 U.S.C. § 1030(a)(7) are punishable by up to five years in prison for the first offense or up to 10 years for second and subsequent offenses and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.

The Hoffman Firm Computer Crime Legal Counsel

If you think that you could be under investigation or you have already been arrested for an alleged cybercrime in Florida, you should not make any kind of statement to authorities until you have legal counsel. The Hoffman Firm can investigate the government’s handling of your case and fight to get the criminal charges reduced or dismissed.

Miami computer crimes attorney Evan Hoffman is a former prosecutor who aggressively defends clients accused of all kinds of white collar crimes in Opa-locka, Key Biscayne, Miami Beach, North Miami, Fort Lauderdale, and the areas surrounding Miami-Dade County (Hialeah, South Miami, Aventura, Coral Gables, and many more).

Give us a call at 305-249-0090 today if you are in Miami. Call us at 954-524-4474 if you are in Broward County.