Cyber Crime Defense Lawyer

Cyber Crime Defense Lawyer

In today's digital age, cybercrime has become an increasingly prevalent issue, affecting individuals and businesses alike. At Trbovich Law Firm, we understand the complexities of cyber law and the severe consequences that can arise from cybercrime allegations. Our team of dedicated cyber crime defense lawyers is committed to protecting your rights and reputation in the face of these challenging legal situations.

What Constitutes a Cybercrime in Buffalo?

Cybercrime encompasses a wide range of illegal activities conducted through digital means. These offenses can include:

New York State Cybercrime Laws

At Trbovich Law Firm, we have an in-depth understanding of New York State's cybercrime laws. Here's an overview of how various cybercrimes are addressed under New York law:

Hacking and Unauthorized Access: Prosecuted under the "Computer Trespass" law (NY Penal Law § 156.10), a class E felony when done with intent to commit another felony or by someone with a prior conviction.

Identity Theft: Covered by NY Penal Law Article 190, with three degrees of severity:

• Identity theft in the third degree (§ 190.78, class A misdemeanor)
• Identity theft in the second degree (§ 190.79, class E felony)
• Identity theft in the first degree (§ 190.80, class D felony)

Phishing and Online Fraud: Can be prosecuted under various statutes, including:

• Scheme to Defraud (NY Penal Law § 190.60 and § 190.65)
• Computer Tampering (NY Penal Law § 156.20 to § 156.27)
• Forgery (NY Penal Law Article 170)

Cyberstalking and Harassment: Addressed under:

• Stalking laws (NY Penal Law Article 120, § 120.45 to § 120.60)
• Harassment laws (NY Penal Law § 240.25 to § 240.31)

Distribution of Malware: Prosecuted under Computer Tampering laws (NY Penal Law § 156.20 to § 156.27), with four degrees of severity based on damage and intent.

Intellectual Property Theft: Addressed under various laws, including:

• Criminal Copyright Infringement (NY Penal Law § 275.00 to § 275.45)
• Unlawful Use of Secret Scientific Material (NY Penal Law § 165.07)
• Theft of Services (NY Penal Law § 165.15)

Cyber Terrorism: While there's no specific "cyber terrorism" statute, such acts can be prosecuted under a combination of cybercrime laws and terrorism statutes, including:

• Making a Terroristic Threat (NY Penal Law § 490.20)
• Crime of Terrorism (NY Penal Law § 490.25)

It's important to note that many cybercrime cases may also involve federal laws, especially when activities cross state lines. The specific charges and potential penalties can vary greatly depending on the details of each case. Our criminal defense lawyers at Trbovich Law Firm are well-versed in both state and federal cybercrime laws, ensuring comprehensive defense strategies for our clients.

As technology continues to evolve, so do the methods and techniques used by cybercriminals. This constant evolution makes cybercrime cases particularly complex and challenging to defend against. That's why it's crucial to work with a cyber crime defense attorney who stays current with the latest developments in both technology and the law.

How a Buffalo Cyber Crime Defense Lawyer Can Help

At Trbovich Law Firm, our Buffalo cyber crime defense lawyers bring a wealth of knowledge and experience to your case. Here's how we can assist you when you're facing cybercrime charges:

• Case Evaluation and Strategy Development: Upon taking your case, we conduct a thorough evaluation of the charges against you and the evidence presented by the prosecution. Our cyber crime defense attorneys analyze the technical aspects of your case, identify potential weaknesses in the prosecution's arguments, and develop a robust defense strategy tailored to your specific situation.
• Protection of Your Constitutional Rights: We ensure that your rights are protected throughout the legal process. This includes examining whether law enforcement obtained evidence legally, challenging any improper search and seizure of digital devices, and ensuring that your right to privacy was not violated during the investigation.
• Technical Expertise: Cybercrime cases often involve complex technical evidence. Our team works with forensic experts to analyze digital evidence, challenge the prosecution's technical claims, and present alternative explanations for digital activities that may have been misinterpreted as criminal.
• Negotiation with Prosecutors: In many cases, we can negotiate with prosecutors to reduce charges or seek alternative resolutions. Our understanding of both the legal and technical aspects of cybercrime allows us to effectively argue for more favorable outcomes, potentially avoiding trial and minimizing the impact on your life.
• Strong Courtroom Representation: If your case goes to trial, our Buffalo cyber crime defense lawyers provide robust representation in the courtroom. We're adept at explaining complex technical concepts to judges and juries, challenging prosecution witnesses, and presenting compelling arguments in your defense.
• Mitigation of Consequences: Even in cases where some form of penalty is unavoidable, we work diligently to mitigate the consequences. This may involve arguing for reduced sentences, alternative sentencing options, or arrangements that minimize the impact on your professional life and future opportunities.
• Navigation of State and Federal Laws: Cybercrime cases often involve a complex interplay of state and federal laws. Our team is well-versed in both New York state cybercrime laws and relevant federal statutes, ensuring comprehensive protection of your rights regardless of the jurisdiction.
• Client Education and Support: We believe in empowering our clients with knowledge. Throughout your case, we'll keep you informed about the legal process, explain the potential outcomes and their implications, and provide guidance on how to protect your interests during the proceedings.
• Reputation Management: We understand that cybercrime allegations can have severe repercussions on your personal and professional reputation. Our cyber crime defense attorneys work not just to defend you legally, but also to minimize the collateral damage to your life and career.
• Post-Case Support: Our support doesn't end with the resolution of your case. We provide guidance on steps you can take to protect yourself in the future, including advice on digital security practices and compliance with relevant laws and regulations.

At Trbovich Law Firm, we're committed to providing vigorous, knowledgeable, and strategic defense for those facing cybercrime charges in Buffalo and Western New York. Our goal is not just to defend you against current charges, but to protect your digital future and help you move forward with confidence.

Our Cyber Crime Defense Services

At Trbovich Law Firm, we offer comprehensive legal services for individuals and businesses facing cybercrime allegations. Our cyber crime defense attorneys are well-versed in both federal and state laws pertaining to digital offenses. We handle a wide range of cases, including:

• Computer Fraud and Abuse Act (CFAA) Violations: We defend clients against allegations of unauthorized access to protected computer systems, whether for financial gain or other purposes.
• Identity Theft and Online Fraud: Our team has experience in cases involving stolen personal information, credit card fraud, and other forms of online deception.
• Cyberstalking and Harassment: We represent clients accused of using digital platforms to stalk, threaten, or harass others.
• Intellectual Property Theft: Our cyber crime defense lawyers handle cases involving alleged theft of trade secrets, copyrighted material, or other protected intellectual property through digital means.
• Child Exploitation Offenses: We provide vigorous defense for those facing serious charges related to the exploitation of minors online.
• Cryptocurrency-Related Crimes: As digital currencies become more prevalent, so do related criminal charges. We defend clients in cases involving cryptocurrency fraud, money laundering, and other related offenses.
• Data Breaches and Privacy Violations: We represent businesses and individuals accused of failing to protect sensitive information or violating data privacy laws.

What To Do If You're Charged with a Cyber Crime in Buffalo

If you find yourself charged with a cyber crime in Buffalo, it's crucial to take immediate and appropriate action to protect your rights and future. At Trbovich Law Firm, we recommend the following steps:

• Remain Silent: Exercise your right to remain silent. Anything you say to law enforcement can be used against you in court. Politely inform the officers that you wish to speak with an attorney before answering any questions.
• Do Not Consent to Searches: Do not give permission for law enforcement to search your home, office, computer, or other digital devices without a warrant. If they have a warrant, review it carefully and contact an attorney immediately.
• Contact a Cyber Crime Defense Lawyer: Reach out to Trbovich Law Firm as soon as possible. Time is of the essence in cyber crime cases, and early intervention by a skilled attorney can significantly impact the outcome of your case.
• Preserve Evidence: Do not delete any files or communications, even if you believe they might be incriminating. Destroying evidence can lead to additional charges and harm your defense. Your attorney will advise you on how to properly handle potential evidence.
• Avoid Discussing Your Case: Refrain from discussing your case with anyone other than your attorney. This includes avoiding posts about your situation on social media or in online forums. Any statements you make could potentially be used against you.
• Document Everything: Keep a detailed record of your interactions with law enforcement, including dates, times, and the content of conversations. This information can be valuable for your defense.
• Attend All Court Appearances: Make sure to appear at all scheduled court dates. Failing to show up can result in additional legal complications and may harm your case.
• Follow Your Attorney's Advice: Once you've engaged Trbovich Law Firm, follow your attorney's guidance carefully. We'll provide you with specific instructions tailored to your case to help protect your rights and build a strong defense.
• Maintain Your Normal Routine: As much as possible, continue your normal daily activities. However, be mindful of your online activities and follow any specific guidelines provided by your attorney.
• Prepare for Digital Forensics: Be prepared for the possibility that your digital devices may be subject to forensic analysis. Your Trbovich Law Firm attorney will guide you through this process and work to ensure that your rights are protected.
• Consider Potential Collateral Consequences: Discuss with your attorney the potential impacts of the charges on your employment, professional licenses, immigration status, or other areas of your life. We can help develop strategies to mitigate these consequences.
• Stay Informed But Avoid Self-Investigation: While it's important to understand the charges against you, avoid conducting your own investigation or reaching out to potential witnesses. These actions could complicate your case. Let your Trbovich Law Firm attorney handle the investigation.

Remember, being charged with a cyber crime doesn't mean you're guilty. The prosecution must prove guilt beyond a reasonable doubt, and there are often many avenues for defense in cyber crime cases. At Trbovich Law Firm, we have the knowledge and experience to challenge the charges against you and work towards the best possible outcome.

The Trbovich Law Firm Difference

Choosing the right cyber crime defense attorney can make a significant difference in the outcome of your case. At Trbovich Law Firm, we offer:

• In-depth Knowledge: Our team stays abreast of the latest developments in cyber law, technology, and digital forensics to provide the most effective defense possible.
• Personalized Attention: We understand that every case is unique. Our cyber crime defense lawyers take the time to understand your specific situation and tailor our approach accordingly.
• Strong Advocacy: In negotiations or the courtroom, we are fierce advocates for our clients' rights and interests.
• Clear Communication: We believe in keeping our clients informed throughout the legal process, explaining complex legal and technical concepts in understandable terms.
• Discretion and Confidentiality: Our white-collar crime defense lawyers handle all cases with the utmost discretion, recognizing the sensitive nature of cybercrime allegations and their potential impact on your personal and professional life.

Consequences of a Cyber Crime Conviction in New York

Our cyber crime defense lawyers believe our clients must understand the potential consequences of a cyber crime conviction in New York. These consequences can be severe and long-lasting, affecting various aspects of your life. Here's an overview of what you might face:

Legal Penalties: Depending on the specific cyber crime and its severity, you may face:

• Fines ranging from thousands to hundreds of thousands of dollars
• Probation
• Imprisonment, potentially for several years for serious offenses
• Restitution to victims

Professional Repercussions: A cyber crime conviction can significantly impact your career:

• Loss of current employment
• Difficulty finding future employment, especially in fields involving technology or finance
• Revocation of professional licenses
• Barriers to obtaining security clearances

Digital Restrictions: The court may impose limitations on your digital activities:

• Restricted or monitored internet access
• Prohibition from using certain devices or software
• Regular checks of your digital activities by probation officers

Educational Consequences: Your educational opportunities may be affected:

• Difficulty gaining admission to colleges or universities
• Loss of scholarships or financial aid
• Restrictions on pursuing certain fields of study, particularly in technology-related areas

Immigration Issues: For non-citizens, a cyber crime conviction can lead to:

• Deportation
• Inadmissibility to the United States
• Denial of naturalization

Personal and Social Impact: The conviction can affect your personal life:

• Damage to personal relationships
• Social stigma
• Difficulty in obtaining housing, as many landlords conduct background checks

Financial Consequences: Beyond fines and restitution, you may face:

• Difficulty obtaining loans or credit
• Challenges in opening bank accounts
• Increased insurance premiums

Digital Footprint: In the age of the internet, a conviction can leave a lasting digital footprint:

• Your conviction may appear in online searches, affecting your reputation
• Potential employers and business partners may find this information easily

Travel Restrictions: A cyber crime conviction might limit your ability to travel:

• Difficulty obtaining visas for international travel
• Restrictions on entering certain countries

Loss of Civil Liberties: Depending on the nature of the conviction, you might lose certain rights:

• Loss of voting rights (temporarily or permanently)
• Restrictions on owning firearms

Ongoing Legal Obligations: Even after serving a sentence, you may face:

• Mandatory registration in certain databases
• Ongoing reporting requirements
• Extended periods of supervised release

At Trbovich Law Firm, we understand the gravity of these potential consequences. That's why cyber crime defense lawyerss work tirelessly to build strong defenses for our clients facing cyber crime charges. Our goal is to protect your rights, your freedom, and your future.

Contact Trbovich Law Firm Today

If you're facing cybercrime charges or believe you may be under investigation, don't wait to seek legal help. The stakes are too high to face these complex legal challenges alone. Contact Trbovich Law Firm today to schedule a confidential consultation with one of our cyber crime defense lawyers.