Cyber Crime Defense Lawyer

Buffalo Cyber Crime Lawyer

As a Buffalo cyber crime lawyer, Thomas Trbovich defends people charged with computer and internet crimes in Erie County and Western New York, including unauthorized computer access, computer tampering, online fraud, identity theft, online harassment and threats, and sharing intimate images. These cases can be charged under New York's Penal Law, federal law, or both, and they almost always turn on digital evidence.

Trbovich Law Firm handles cyber crime cases as part of its Buffalo white-collar crime practice, within the firm's broader Buffalo criminal defense work. Partner Suzanne Garvey served as a prosecutor with the Erie County District Attorney's Office from 1990 until March 2023, giving our Buffalo cyber crime lawyers insight into how prosecutors use search warrants, subpoenas, and forensic reports to build technology cases.

What Should You Do If You Are Under Investigation for a Cyber Crime?

If you are under investigation for a cyber crime, do not delete files, wipe devices, close accounts, or contact the alleged victim. Do not give a statement or your passwords to investigators without counsel. Deleting data after learning of an investigation can lead to separate evidence tampering or obstruction charges, and it rarely removes the data investigators already hold.

Cyber crime investigations often start with a records request to a phone company, internet provider, social media platform, or bank. By the time police knock on the door or execute a search warrant, investigators usually have account records, IP addresses, and subscriber information. Practical steps in the first days include:

• Do not consent to device searches. Police generally need a warrant to search a phone or computer, and the scope of any warrant can be challenged.
• Do not destroy evidence. Tampering with physical evidence under Penal Law 215.40, or federal obstruction under 18 U.S.C. 1519, can be charged separately.
• Do not contact the complainant. Messages sent after an accusation can become new charges or violate an order of protection.
• Keep a record. Write down who has had access to your devices, accounts, and Wi-Fi network, and when.

The post on common signs of being under federal investigation describes warning signs that a case is being built.

What Counts as a Cyber Crime in New York?

A cyber crime is any offense committed through or against a computer, phone, network, or online account. In New York, that includes the computer offenses in Penal Law Article 156, plus traditional crimes committed online, such as identity theft, fraud, aggravated harassment, stalking, threats, and the unlawful dissemination of intimate images.

The types of cyber crime most often charged in Buffalo and Western New York include:

• Accessing another person's email, social media, or cloud account without permission
• An employee accessing or copying an employer's data after being told not to, or after leaving the job
• Online fraud schemes, phishing, and fake marketplace listings
• Identity theft using stolen card or bank information
• Threatening or harassing messages through text, social media, or email
• Sharing private intimate images, including digitally altered images
• Cryptocurrency and SIM-swap schemes
• False emergency reports, sometimes called swatting

What Are the Computer Crime Laws Under Penal Law Article 156?

Penal Law Article 156 covers New York's core computer crimes. Unauthorized use of a computer under Penal Law 156.05 is a class A misdemeanor. Computer trespass under Penal Law 156.10 is a class E felony, and computer tampering ranges from a class A misdemeanor to a class C felony when damages exceed $50,000.

• Unauthorized use of a computer (Penal Law 156.05): class A misdemeanor, knowingly using a computer, service, or network without authorization
• Computer trespass (Penal Law 156.10): class E felony, unauthorized access with intent to commit a felony, or knowingly gaining access to computer material
• Computer tampering in the fourth degree (Penal Law 156.20): class A misdemeanor, intentionally altering or destroying computer data or programs without authorization
• Computer tampering in the third degree (Penal Law 156.25): class E felony, including damages exceeding $1,000
• Computer tampering in the second degree (Penal Law 156.26): class D felony, including damages exceeding $3,000
• Computer tampering in the first degree (Penal Law 156.27): class C felony, damages exceeding $50,000
• Unlawful duplication and criminal possession of computer related material (Penal Law 156.29 to 156.35): copying or possessing data without authorization under specified circumstances

Penal Law 156.50 provides a defense to unauthorized use and computer trespass when the person had reasonable grounds to believe they were authorized to use the computer. Authorization is often the central question in workplace and family cases.

What Federal Cyber Crime Charges Can Be Filed in Western New York?

Federal cyber crime charges in Western New York are prosecuted by the U.S. Attorney's Office for the Western District of New York. The most common include the Computer Fraud and Abuse Act (18 U.S.C. 1030), wire fraud (18 U.S.C. 1343), aggravated identity theft (18 U.S.C. 1028A), interstate threats (18 U.S.C. 875), and cyberstalking (18 U.S.C. 2261A).

• Computer Fraud and Abuse Act (18 U.S.C. 1030): accessing a protected computer without authorization or exceeding authorized access, with penalties depending on the conduct and damage
• Wire fraud (18 U.S.C. 1343): up to 20 years for schemes carried out through electronic communications
• Aggravated identity theft (18 U.S.C. 1028A): a mandatory 2-year consecutive prison term when another person's identity is used during certain felonies
• Interstate threats (18 U.S.C. 875(c)): up to 5 years for threats sent across state lines, including online
• Cyberstalking (18 U.S.C. 2261A): using electronic communications to engage in conduct that places a person in reasonable fear or causes substantial emotional distress

In 2021, the U.S. Supreme Court narrowed the Computer Fraud and Abuse Act in Van Buren v. United States, holding that the "exceeds authorized access" clause covers accessing areas of a computer that are off-limits, not misusing information a person was otherwise allowed to access. That decision is important in employee data cases. The Buffalo federal crime defense page explains the federal process.

Is Online Harassment or Threatening Someone Online a Crime in New York?

Yes. Threatening someone by phone, text, email, or social media can be aggravated harassment in the second degree under Penal Law 240.30, a class A misdemeanor, when it is done with intent to harass and the person knows the threat will likely cause reasonable fear of harm. A repeated course of online conduct can also be charged as stalking.

New York narrowed its online harassment law after the Court of Appeals' 2014 decision in People v. Golb struck down a prior version of Penal Law 240.30 as unconstitutionally vague. The current statute focuses on threats of physical harm or property damage. Related charges include:

• Aggravated harassment in the second degree (Penal Law 240.30): class A misdemeanor, including electronic threats
• Stalking in the fourth degree (Penal Law 120.45): class B misdemeanor, a course of conduct likely to cause reasonable fear of harm or that continues after being clearly told to stop
• Stalking in the third, second, and first degree (Penal Law 120.50 to 120.60): class A misdemeanor through class D felony
• Making a terroristic threat (Penal Law 490.20): class D felony for threats intended to intimidate a civilian population or influence government
• Falsely reporting an incident (Penal Law 240.50 to 240.60): including false emergency reports

Free speech protections still apply. Offensive, crude, or insulting posts are not automatically crimes, and the context of a message often decides whether it was a true threat.

Is Sharing Intimate Images a Crime in New York?

Yes. Under Penal Law 245.15, intentionally sharing or publishing an intimate image of a reasonably identifiable person, with intent to cause harm, when the person did not consent, is unlawful dissemination or publication of an intimate image, a class A misdemeanor. Since 2023, the statute also covers images created or altered by digitization, often called deepfakes.

The law applies even when the image was originally taken with consent, if the person reasonably expected it to stay private. The statute includes exceptions, such as reporting unlawful conduct and use in legal proceedings. These cases often involve former partners, group chats, and anonymous accounts, so the defense frequently focuses on who actually posted the image, whether intent to harm can be proven, and whether consent to share existed. These cases can also lead to civil lawsuits and orders of protection, covered on the Buffalo domestic violence defense lawyer page.

What Are the Penalties for Cyber Crimes?

Penalties for cyber crimes depend on the charge, the damage or loss, and whether the case is state or federal. In New York, class A misdemeanors carry up to 364 days in jail, and felonies range up to 15 years for a class C felony. Federal sentences are driven by the Sentencing Guidelines, where loss amount and the number of victims are major factors.

• Class A misdemeanor: up to 364 days in jail, probation, or a conditional discharge (Penal Law 70.15)
• Class E felony: up to 4 years (Penal Law 70.00), with probation available in many cases
• Class D felony: up to 7 years
• Class C felony: up to 15 years
• Restitution and forfeiture: repayment of losses under Penal Law 60.27 or 18 U.S.C. 3663A, and forfeiture of devices and proceeds
• Internet and device conditions: probation or supervised release may include monitoring software and limits on internet use

How Do Police Get Digital Evidence in a Cyber Crime Case?

Police obtain digital evidence through search warrants for devices and accounts, court orders and subpoenas to internet providers and platforms, and forensic extraction of phones and computers. The U.S. Supreme Court held in Riley v. California (2014) that police generally need a warrant to search a cell phone, and warrants must describe what may be searched with particularity.

Common sources of digital evidence include IP address logs, subscriber records, social media account data, cloud backups, device extractions, and financial records. Each source has weaknesses. An IP address identifies an internet connection, not necessarily a person. Shared devices, open Wi-Fi networks, and compromised accounts can all point investigators to the wrong person. Overbroad warrants that allow a search of everything on a phone can be challenged as lacking particularity.

What Defenses Apply to Cyber Crime Charges in Buffalo?

The defenses to cyber crime charges in Buffalo usually focus on attribution, authorization, intent, and the legality of the search. Proving who was actually behind a keyboard or account is often the prosecution's hardest task, and a reasonable belief that access was authorized is a statutory defense under Penal Law 156.50.

• Attribution: shared devices, shared passwords, spoofed accounts, and open networks can make it hard to prove who acted.
• Authorization: employer policies, account-sharing between partners or family members, and prior permission can establish a reasonable belief in authorization.
• Intent: many offenses require intent to defraud, harass, or cause harm, which may not be shown by the messages or data alone.
• Unlawful search: warrants lacking probable cause or particularity, and searches beyond a warrant's scope, can be challenged under CPL Article 710 in state court and the Fourth Amendment in federal court.
• Forensic reliability: extraction reports, metadata, and timestamps can be tested by an independent digital forensic examiner.
• Free speech: in threat and harassment cases, context can show a message was not a true threat.
• Loss amount: forensic accounting can reduce the claimed damage, which can lower the degree of a computer tampering charge or the federal Guidelines range.

What Other Consequences Follow a Cyber Crime Conviction?

A cyber crime conviction can affect employment in technology, finance, education, and health care, professional licenses, security clearances, immigration status, and college enrollment. It can also lead to civil lawsuits by victims or employers, restrictions on internet use during probation, and, in some image-related cases, long-term orders of protection.

Students at colleges in Buffalo and Western New York may face separate campus conduct proceedings, and employees may face termination and civil claims for misuse of company data. Under the Clean Slate Act, CPL 160.57, eligible New York misdemeanor convictions are sealed after three years and eligible felony convictions after eight years, but federal convictions are not covered by New York sealing laws.

How Do Our Buffalo Cyber Crime Lawyers Handle These Cases?

Our Buffalo cyber crime lawyers prepare each case as if it is going to trial, starting with the warrants, the account records, and the forensic reports. That preparation supports suppression motions, attribution challenges, negotiations that account for restitution and collateral consequences, and a defense in front of a jury.

• Investigation stage: responding to agents and subpoenas, protecting devices and data, and advising on any interview requests.
• Evidence review: analysis of warrants, provider records, device extractions, and metadata with independent digital forensic examiners.
• Motions and hearings: challenges to search warrants for phones, computers, and accounts, and to statements obtained without proper warnings.
• Negotiation: resolutions that address restitution, device forfeiture, and licensing or immigration consequences. A plea on the right terms is welcome. A plea that gives away a real attribution or authorization defense is not.
• Trial and sentencing: jury trial in state or federal court, and sentencing advocacy focused on loss, intent, and personal history.

Why Choose Thomas Trbovich for Your Cyber Crime Case?

Thomas Trbovich has been admitted to practice in New York since 1997 and graduated cum laude from SUNY Buffalo School of Law. His practice covers felony, criminal, misdemeanor, DWI, and traffic cases in Western New York, and he works with partner Suzanne Garvey, who prosecuted cases for the Erie County District Attorney's Office for more than three decades.

• Thomas Trbovich: J.D., cum laude, SUNY Buffalo School of Law, 1997; admitted in New York, 1997
• Thomas Trbovich: M.S. in Economics, SUNY Buffalo, 1990; B.S., Skidmore College, 1988
• Suzanne Garvey: J.D., magna cum laude, SUNY Buffalo School of Law, 1989; B.S.S., summa cum laude, SUNY Buffalo, 1986
• Suzanne Garvey: prosecutor with the Erie County District Attorney's Office from 1990 until March 2023

Contact Our Buffalo Cyber Crime Lawyers

If you have been contacted by investigators, had devices seized, or been charged with a computer or internet crime in Buffalo, Erie County, or anywhere in Western New York, talk with our Buffalo cyber crime lawyers before responding. Bring any search warrant paperwork, property receipts for seized devices, subpoenas or letters, and a list of people who had access to your devices and accounts to the first meeting with Trbovich Law Firm.