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Cybercrime

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Have you been legally accused of committing a cybercrime? If you have been arrested or charged with a crime, it is essential to obtain legal counsel for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

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Phone: 559-691-6222

Your Defense Attorney for Cybercrime Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with White Collar Crimes such as Credit Card Fraud, Embezzlement, Insurance Fraud, and Prescription Drug Crime, to name a few.

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What is Cybercrime?

Cybercrime, or computer oriented crime, is any type of crime that involves a computer and a network. There are a number of crimes that can be committed through the internet.

Penalties for Cybercrime

There are many different types of cybercrime, so the penalties vary based on the crime committed.

Types of Cybercrime

Wire Fraud

Wire fraud is the use of email or other internet communication, possession or distribution of child pornography, usually involving “peer-to-peer” programs, possession or distribution of synthetic drugs or their precursors, which are usually discovered by the use of the internet. Wire fraud is prosecuted by both state and federally. Potential punishment for these types of crimes can be many years in state or federal prison.

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Online Identity Theft

Online identity theft is when a person obtains someone’s identity through a computer system or network and uses it for unlawful purposes. This could include stealing money, credit, goods, or services. The penalty for identity theft include up to 1 year, 16 months, or 2 or 3 years in a county jail and/or a fine up to $1,000 to $10,000.

Online Credit Card Theft

Online credit card theft is usually done through phishing scams where an email is sent out to ask recipients for their personal information. There are no specific phishing laws, but it is illegal to use a credit card or transfer fund without the permission of the cardholder or bank account owner. Anyone in possession of a stolen credit card with the intent to use it can be charged with petty theft.

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Unlawful Contact With a Minor

It is illegal to contact a minor with the intent to commit a felony or a sex crime. The internet is commonly used to make unlawful contact with a minor.

Child Pornography

It’s illegal to knowingly possess or control images of a person under the age of 18 simulating or engaging in sexual conduct.

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Legal Defenses for Cybercrime

If you were accused of accessing a computer system that you didn’t have permission for, it can be argued that you accessed it by accident and didn’t have any intent to commit a crime.

Sometimes an offense is traced back to the wrong computer. If could also be traced correctly, but it may not have been you who was using the computer.

If you had permission to access a computer or use someone’s credit card, then you can’t be charged with a cybercrime. This defense does not work for child sex crimes since a child cannot consent to sexual conduct under the law.

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