Cyber Crime Lawyers in New York
The Status of Cybercrime in New York is one of the most progressive in the world. Before the rise of cybercrimes, computer crimes have become very prevalent not only in NYC but in other States, and countries, as well. Our Cyber Crime Lawyers in New York can provide the right kind of criminal defense you need. As a licensed lawyers in New York, our attorneys are experienced in handling cybercrime cases, big or small. If you are looking for the right lawyer, we can make sure that we handle your case properly. There are so many small details that matter in the criminal defense of a cybercrime.
The prosecution is often given a heavy burden of proof to prove the guilt of the accused but it is often different in cybercrimes. The concept of res ipsa loquitur, or the thing speaks for itself, is no longer just a torts and damages concepts but could also be said for cybercrimes.
When you are fighting against a solid papertrail and mounting evidence, discovery itself becomes a big challenge. This part is why our attorneys want clients to have the peace of mind that we can handle their case. With our experience and our passion, handling cybercrime defense becomes a battle of wits.
Before going into the details, it is first important to get the definitions out of the way. A cybercrime or a computer crime is a crime perpetrated in a computer’s software, hardware, and even use.
What Is A Computer?
A computer is defined, under New York Penal Law, as
“any device which, pursuant to a computer program, can automatically perform logical, storage and other operations with or on computer data”.
There are various definitions of a computer but it is better to follow this legal definition to have a stronger understanding of what a computer is and what it is all about.
The definition of a computer includes the following:
- any connected or directly related device;
- any device that enables the computer to store, retrieve or communicate to or from another computer or device through an internet connection; and
- an iPhone, PC, tablet or any similar device that allows transmission, storage, and use of dataz
What is Computer Data?
The damage caused to a computer, to be defined as a cyber crime, is often related to computer data. But what is computer data?
Under New York Penal Law, it is defined as “an intangible property that is a representation of information which is being processed or has been processed in a computer and may be in any form whether stored internally in a computer or not.”
Any damage to information, no matter how significant or otherwise, is punishable under New York Penal law. It then becomes up to your lawyer to defend your position and make sure that even if you are guilty to a certain degree, you will get the minimal penalty, in the hopes that rehabilitation is possible.
Is Computer Data The Same As Computer Material?
Computer data is not the same as computer material.
The term computer material is defined under New York Penal Law as any kind of property. It includes any computer data or computer program that has the following qualities, to wit:
- It contains medical records of an identifiable or readily identifiable person;
- It contains records maintained by the state or government instrumentality that contains any information concerning a person that can be used to identify a person and which is otherwise prohibited by law from being disclosed; or
- It is not intended to be available to anyone other than the person in rightful possession.
With these definitions, it can be clearly seen that every aspect of your computer and any damage to it is punishable under the law.
But, what if you are being prosecuted for an act that you did not do yourself? With that, you must contact a lawyer who knows what he is doing in handling your needs.
What Are The Cybercrimes in New York?
To start the discussion on cybercrimes in New York, it is important to list and summarize the liabilities that come with every computer crime.
The following are considered as the cybercrimes in New York such as:
Unauthorized Use of a Computer Punished Under NY Penal Law 156.05
The Unauthorized Use of A Computer is considered as a cybercrime in New York. NY Penal Law is strict when it comes to data privacy and computer use. While common sense dictates that one should not use a computer that is not his, there are already so many cases that involve this crime. Defending this case is no easy feat because the evidence are often easy to determine.
According to NY Penal Law 156.05, an individual becomes guilty of Unauthorized Use of a Computer when he accesses a computer without the proper consent and authority of the owner or rightful custodian. Today, the computer would include those that are mobile as well such as laptops, tablets, and even mobile phones.
To consummate the crime, all that the prosecution must do is to prove that the computer that the accused accessed is protected in a manner that it prevents all kinds of unauthorized use without the consent of the owner. The protection need not be obvious nor explicit as it may come in the form of a simple password protection, a fingerprint requirement, a retinal scan, a passcode or even a thumbprint.
Computer Trespass Punished Under NY Penal Law 156.10
The crime of Computer Trespass is one very relevant crime today. It is associated with many other cybercrimes that most individuals who are charged with Computer Trespass may also be charged with other New York State Crimes or even a Federal Crime.
In the City of New York, one is guilty of the crime of Computer Trespass if he uses a computer without any kind of permission, which is also already a crime as Unauthorized Use of a Computer, it also involves taking a few additional and improper steps to be able to access the computer in such a way that there is use of force, no matter how big or small.
According to the NY Penal Law 156.10(1), to be guilty of this crime one must using a computer without permission and must also have a distinct purpose to commit a felony.
It also involves using a computer or service network where the main goal of the accused is to gain access to computer material.
Computer Tampering Punished Under NY Penal Law 156.25, 156.26, and 156.27
Computer tampering is one of the most controversial cybercrimes in the State of New York. It is consummated if an individual accesses a computer, a network, or a service without proper consent from the owner. This crime is different from the previous crimes when your main goal involves the following:
- To destroy the computer network;
- To damage or alter the data inside the network; or
- To destroy the data causing permanent or irretrievable deletion.
The base level offense is considered as a misdemeanor. It is punishable by up to a period of one year in jail. In New York City, the jail time is serious and the fine can reach significant levels.
If you are lucky, you may even receive a status of probation. With a good lawyer, you will have to spend just a very little amount of time in jail while the rest is spent on probation. You will also be required to pay a penalty and restitution.
What about the upper base level? There are different levels of this crime. The following are the different levels, to wit:
Computer Tampering in the Fourth Degree which is punishable under New York Penal Law 156.20. This degree is achieved when the individual accesses, without permission or authority a computer, computer service or computer network. The mere access without permission is already punishable. Hence, there is no need to prove that there is damage because what consummated the crime is the access itself.
Computer Tampering in the Third Degree which is punishable by the New York Penal Law 156.25. This degree is achieved when the following elements concur:
- The accuser would intentionally commit or attempt to perpetrate any other felony offense after accessing the computer without the owner’s consent. This factor is regardless of the past conviction’s degree or the particular offense, you either pleaded guilty or were convicted after trial of any New York computer crime found in New York Penal Law Article 156;
- When the computer material that the accused destroyed intentionally is of a particular nature specifically defined by law; and
- When aggregate damage caused to the computer data or program exceeds $1,000.
Computer Tampering in the Second Degree which is punishable by New York Penal Law 156.26 occurs in a more corporate setting with strict computation of damages. This happens when a party wrongfully and feloniously accesses a computer and ultimately damages the data inside the computer.
The damage must be substantial that it must exceed $3,000.00. The maximum damage to fall under this degree can be as great as $50,000.00. This part makes it even harder for the individual to defend himself. There is a need for an experienced lawyer who knows how to handle an accusation that is as big as this one.
Finally, there is the Computer Tampering in the First Degree which is punishable by New York Penal Law 156.27. It is the strictest liability that one can be accused of.
Much like the crime degree above, it is a criminal charge that happens when a party wrongfully and feloniously accesses a computer and ultimately damaged the data inside the computer. The damage would be up to $50,000.
Unlawful Duplication of Computer Related Material Punished under NY Penal Law 156.29 and 156.30
As the name suggests, this criminal liability is focused on the unlawful duplication of computer data. It is obvious that there is lack of consent and there is unlawful copying of computer data.
This crime can either be a misdemeanor or a felony depending on many factors. As a misdemeanor crime, it is consummated when the perpetrator copies any kind of data without permission. It is limited to data that must relate to medical records. As a felony, the offense must also involve a lack of consent. The difference lies in the kind of records obtained by the user.
As a felony, it also comes in two degrees, namely:
- First Degree Unlawful Duplication of Computer Related Material punished by New York Penal Law 156.30; and
- Second Degree Unlawful Duplication of Computer Related Material punished by New York Penal Law 156.29.
This charge is particularly a favorite among New York City prosecutors as it carries an even heavier liability. The prosecution will rely on the damage caused to the data obtained and accessed by the individual. However, it is important to discuss the reality that once the damage reaches the $1,000.00 mark, it translates to an even bigger problem of Grand Larceny which is punished more strictly.
Criminal Possession of Computer Related Material Punished Under NY Penal Law 156.35
One of the more serious cyber crimes is this criminal possession of computer related material. This one is not to be confused with piracy of data and downloadable materials.
If you are caught with information, computer related material, an application, downloadable, and the like that you are not supposed to carry, you will have to face this criminal charge.
Prosecuting this charge is easy as mere possession of computer related material that you are not supposed to carry is already punishable. This part makes it a favorite as well among prosecutors.
Defending the charge, on the other hand, is not to be taken without great caution. It can get troublesome for one who fails to take into account the seriousness of the charge. You need to have a lawyer who knows how to handle a charge that is as complex as this one. Atty. Nuridinov can help on this aspect. You can hire us as a firm on retainer and we will help you deal with the problem, the defenses, and everything else in between.
The More Serious Charges
There will also be more serious charges related to cybercrimes in New York. More often than not, unlawful access to a computer is associated with other criminal charges that carry heavier penalties.
The following are some of the more serious charges when it comes to cybercrimes in New York.
Punished Under NY Penal Law Article 190
A charge for Identity Theft is one of the easiest to prosecute. New York prosecutors must only prove the fact that the identity of another individual was used by the accused. This charge include those that use credit cards, take over the identity of another, assume the identity of the other, and the criminal enterprises that use the identity of others to perpetrate a crime.
The charge of identity theft also comes with other charges, such as:
- Unlawful Possession of Personal Identifying Information;
- Possession of Stolen Property;
- Grand Larceny;
- Scheme to Defraud;
- Unlawful Possession of a Skimmer Device;
- Possession of a Forged Instrument; and
It is easy to see that when it comes to cybercrimes, things can get very complicated quickly. The charges that you have to face will only get even more complicated if you do not hire the right lawyers who can help you with your problem.
Forgery Punished Under The NY Penal Law Article 170
Forgery is another crime associated with cyber crime. Individuals who are making any change to a written instrument may use another individual’s computer, with lack of consent, and may also use computer data that is not his own.
To complete consummation of the crime, it is important to understand the concept of a written instrument under New York Penal Law, to wit:
“Written Instrument: Regardless of what degree of Forgery you are investigated or arrested for, your Forgery must be of a “written instrument.” According to the New York criminal code, this type of instrument or article includes a wide array of items that can be used to your advantage or the disadvantage of another person. Obviously, the scope is enormous and can include computer data or any other articles that convey or embody evidence of value, right, privilege or identification.”
It is obvious that any instrument may be considered as a written instrument, including computer data. This part is very complex and needs the experience and expertise of a licensed New York lawyer.
Grand Larceny Punished Under The NY Penal Law Article 155
Grand Larceny can be found under the New York Penal Law Sections 155.30, 155.35, 155.40 and 155.42. It is considered as stealing in a grand scale and may come in many degrees.
The following are the different degrees of Grand Larceny:
- Fourth Degree - The criminal act of stealing an item that is worth in excess of $1,000 but not more than $3,000;
- Third Degree - Stealing an item that is worth north of $3,000 but not greater than $50,000;
- Second Degree - Unlawful taking that exceeds $50,000 but is not more than $1 million in value;
- First Degree - The highest degree felony and is charged when the accused is alleged to have stolen more than $1 million worth of property in any form.
When Does It Become Attached As A Cyber Crime? Grand Larceny is attached to a cybercrime when a computer is used to consummated the crime. It is not merely a simple 1, 2, 3 charge but the accused may face a lot of different charges associated with the crime. The most common example of this charge related to cybercrime is in relation to debit cards and credit cards.
Unlawful Disclosure of an Intimate Image NYC Admin. Code 10-177*3
Unlawful Disclosure of an Intimate Image is also known as revenge porn in layman’s terms. Revenge Porn or Sextortion is another kind of cybercrime in New York that have reached bigger problems.
It is classified as a violation of NYC Admin Code but is also attached as a cybercrime. It is a complex matter that requires a deep kind of understanding.
How do you commit this crime? If the accused divulges, releases, shares, or transfers an intimate image of another person, whatever their relationship may be, without said person’s consent, there is unlawful disclosure. It becomes revenge porn when the sharing reaches public knowledge such as on social media and transforms into sextortion when money is involved. Does that sound easy? It is not.
There is also a need to prove substantial emotional harm to the victim but prosecutors always have a field day in proving that emotional damage has been done to the victim. Defending an Unlawful Disclosure case is not easy. Often, people can make the slightest of errors that could cause them their liberty.
If you think that you may be charged with a crime like this one, or is currently being prosecuted for one, you must feel the necessity for a good defense lawyer. Atty. Nuridinov is the guy for you.
With the charge of Unlawful Disclosure of an intimate image, conviction is heavy. The penalty is imprisonment of up to one year as well as fine you as much as $1,000.00. You will also have to pay civil damages that could be of big value.
A Good Defense Is What We Offer
Our cyber crime attorneys can provide the right kind of expertise that you would need. It is definitely a harsh reality to have to face any kind of criminal prosecution alone. It is necessary to have the best kind of defense that life has to offer you.
Contact Us Today
If you need help urgently, we are always here to help. You can go to our office at 464 Ocean parkway, Brooklyn, NY 11218or call our telephone at: (+1) 347-763-93-96.