Los Angeles Computer Fraud Defense Attorneys

Aggressive Legal Defense Against Los Angeles Computer Fraud Charges

State, local, and federal law enforcement agencies have committed significant resources to combating so-called cybercrimes. Local district attorneys and federal prosecutors looking to advance their careers appreciate the big headlines and media attention these cases receive.

Choosing the right Los Angeles criminal defense attorney when you've been charged with computer fraud makes a huge difference. That's why you'll want to contact Werksman Jackson & Quinn LLP right away. We've handled several high-profile cases, and we're one of the most esteemed criminal defense law firms in the world.

The experienced criminal defense attorneys at Werksman Jackson & Quinn LLP have been featured on the BBC, CNBC, Fox News, Esquire, ABC News, and the Los Angeles Times. Super Lawyers recognizes the outstanding service we provide for our clients based on peer reviews and independent research, and our firm is AV Rated by Martindale-Hubbell, which is their highest rating for ethical standards and legal ability.

Our offices are conveniently located near the Los Angeles Central Library and InterContinental Los Angeles Downtown. Call (213) 688-0460 to schedule a case review today.

What Is Computer Fraud?

Computer crimes are prohibited under California Penal Code Section 502(c). This statute is designed to protect computers, computer systems, and computer networks for individuals, businesses, government entities, and organizations. Many computer crimes are motivated by money and related to fraud or theft.

Federal Legislation, such as the Computer Fraud and Abuse Act (CFAA), has greatly expanded the scope of computer fraud. State and federal offenses that fall under the heading of computer crimes include:

• Hacking
• Identity theft
• Credit card fraud
• Insurance fraud
• Bank fraud
• Mail fraud
• Wire fraud
• Counterfeiting
• Extortion
• Computer viruses
• Malware
• Stealing financial data
• Phishing, pharming, spearing, and whaling

Activities Prosecuted as Los Angeles Computer Crimes

Under Penal Code Section 502(c), it is a crime to knowingly use a computer or a computer system to commit any type of crime. Offenses in violation of this statute are wobblers, meaning they may be prosecuted as either a misdemeanor or a felony. Crimes that fall under this category include the unauthorized use of a computer to:

• Copy, take, or use data from a computer
• Use computer services
• Deceive, defraud, extort, or wrongfully obtain money, property, or data
• Disrupt computer services
• Damage, delete, alter, or destroy data, software, or programs
• Disrupt government computer services
• Introduce a virus
• Assist unlawful access of a computer or system

State and Federal Penalties for Computer Fraud

Whether a computer crime is charged as a misdemeanor or felony can depend on factors such as the defendant's criminal history, the extent of the fraud or theft, the victims, and whether the offense was committed with malice or oppression. When charged as a misdemeanor, a crime under Section 502(c) may carry up to a year in jail and a fine of up to $5,000. If the crime is prosecuted as a felony, penalties may include 16 months to three years in prison and a fine of up to $10,000.

Federal crimes related to computer fraud frequently carry penalties that include heavy fines and between 5 and 10 years in federal prison. Repeat offenders and people accused of offenses such as hacking into government computers or large-scale identity theft face harsh sentences of up to 20 years or more behind bars.

Upon conviction of computer fraud, a judge may order a defendant to pay restitution to the victims of the crime. Victims may also be entitled to file a civil lawsuit against the defendant for damages caused by a computer crime.

Who Investigates Computer Fraud in Los Angeles?

Law enforcement agencies such as the FBI, the Secret Service, and local police cybercrime units investigate computer fraud. They possess the authority and technical tools to delve into the complex web of digital evidence. These units employ specialized teams with expertise in digital forensics to trace the source and methods of cyber fraud. In California, a regional task force known as the Southern California Hi-Tech Crimes Task Force (SCHTCFC) combines the efforts of federal, state, and local law enforcement officials.

A legal investigation may be prompted by a single complaint. Law enforcement agencies also conduct long-term investigations based on tips from informants or data retrieved through electronic surveillance. When an investigation is complete, law enforcement agents will hand over their evidence to a local district attorney or federal prosecutor, who will decide if they will file charges or convene a grand jury.

Emerging Trends and Technologies in Computer Fraud

Recent technological advancements have significantly impacted computer fraud investigations, introducing new tools for investigators and new types of crimes. Today's digital forensics teams use sophisticated software to recover data and analyze patterns. This technology can decrypt files, uncover deleted information, and track online behaviors, all of which are crucial to building a case.

New technologies also make it easier to commit computer crimes more subtly and across borders, complicating jurisdictional issues. AI, encryption, anonymity tools, and other emerging technologies make computer fraud more difficult to detect, and the sheer volume of data available for analysis can be overwhelming for law enforcement agencies. This forces investigators to be highly methodical and cautious when deciding which cases to pursue.

Effective Legal Defense Against Alleged Los Angeles Computer Crimes

Effective legal defenses against computer fraud include:

• You acted unknowingly: To convict you of a computer crime under California law, the prosecution must prove that you knowingly engaged in the computer-related act. If it was accidentally done, the prosecutor may not be able to establish all the elements of the crime.
• Someone else committed the crime: Innocent people can have their accounts, smartphones, and computers hacked and used to commit crimes. It is up to the prosecution to prove that you were the person who committed the criminal act.
• Your actions were work-related: It may be a legal defense if the computer-related activity was conducted within the scope of lawful employment and involved duties and tasks necessary to complete a work assignment.
• You acted with consent: You can demonstrate that you had authorization from the rightful owner or manager of the computer system to engage in the disputed activities.
• Your constitutional rights were violated: If police violated your rights under the U.S. Constitution protecting citizens from unlawful search and seizure, your attorney could challenge the use of any illegally obtained evidence in your case.
• You made a mistake: You believed that your actions were legal, and you had no intention to commit fraud.
• False accusations: These are often made by people attempting to cover up their misdeeds.
• Unreliable witnesses: They may have been offered immunity from prosecution as part of a plea arrangement requiring them to implicate others.

Do You Need a Los Angeles Computer Fraud Lawyer?

Penalties are severe for computer crimes in California, particularly when they are prosecuted as felonies. If you have been charged with computer fraud in Los Angeles, your best chance of obtaining the most favorable possible outcome is having an experienced white-collar crime defense attorney represent you.

At Werksman Jackson & Quinn LLP, we are tenacious, proven criminal defense lawyers. Two of our partners are former prosecutors, which gives us added insight into how the other side works. Our firm was founded in 1994, and our attorneys have decades of experience. If you face computer fraud charges in Los Angeles, call us today at (213) 688-0460. We can explain your options under the law.

Additional Information

• All About California’s Anti-Phishing Act of 2005
• Accused of Posting Harmful Information on the Internet?
• The Serious Nature of Ransomware
• California Penal Code Section 502(c)