Depending on the facts of each case, alleged computer crime charges may be prosecuted as state crimes and/or federal crimes. While federal crimes are normally investigated by federal agencies like the Federal Bureau of Investigation (FBI) and state crimes are normally investigated by local police departments, county sheriffs and state police, sometimes these agencies work together to pursue criminal charges, especially in complex matters such as Internet-related fraud and sex crime cases.
An alleged computer crime may be classified as a federal crime because of the dollar value of losses involved; movement of money, property, goods or information across state lines; or other factors invoking federal jurisdiction.
Title 18 of the United States Code, Section 1030, details many varieties of fraud and related activity in connection with computers that may result in federal criminal charges.
State crimes are generally faster and less risky to defend. For that reason, in many cases, it is advisable to fight to keep criminal charges classified as state crimes. This is one reason why it is very important to get an attorney involved in your defense even before charges have been filed, whenever possible. If you have learned that you are under investigation for any alleged Internet-related offense, you should contact a lawyer promptly.
California Penal Code Section 502 states that a person commits a state crime when he or she “(1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data.”
Your defense attorney may succeed at persuading authorities not to file charges at all or to charge you with a state crime in lieu of a federal crime if charges are unavoidable. To discuss how the Law Offices of Daniel R. Perlman can best defend you, contact us at our offices in Los Angeles, California, at (310) 557-1700, at (310) 557-1700 or by e-mail.
"*" indicates required fields
If you or a loved one needs the assistance of our criminal law attorneys, please feel free to contact us in the way that is most convenient to you, whether that is calling us at (310) 557-1700 or completing the contact form below. All fields are required.