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What Should I Know About Cyber Crime, F.S. 815.04 And 815.06, Before Hiring a Computer Hacking Attorney?
Under Florida law, introducing a virus into a computer, or a computer system, or
a computer network is a crime when the act is “willfully, knowingly, or without authorization.”
Florida law defines such a crime as “an offense against intellectual property.”
Generally classified as a third-degree felony, if the accused commits the crime through fraud, it is a second-degree felony.
Similarly, it is a third-degree felony to gain willful, knowing, and unauthorized access to a computer or computer system; to interfere with data transmission between connected computers; and to destroy or damage a computer, computer system, or computer network.
The latter crimes become second-degree felonies when (1) the damage caused is at least five thousand dollars, (2) when the offense is committed as part of a scheme to defraud, or (3) when the crime interrupts or impairs a governmental operation, transportation or utility.
The same crimes become first-degree felonies if the violation endangers human life or affects medical equipment used for medical care.
What defenses would an experienced cybercrime attorney use against hack-related charges?
If authorities charge you with any of the offenses described above, the State must prove, beyond all reasonable doubt, that your actions were (1) willful, (2) knowing, and (3) without authorization. By disproving any of these three elements, the State cannot convict you.
Remember: the law requires the State to prove its case against you beyond all reasonable doubt. Thus, to win your case, it is not a computer hacking attorney’s job to prove you are innocent.
Instead, by careful study of the facts and the law, a cybercrime attorney’s job is to show that reasonable doubt, or better yet, several reasonable doubts, exist in the State’s prosecution.
What are the penalties?
Convictions for computer hacking that endanger human life are first-degree felonies, subjecting the person convicted to a range of punishments from a term of probation up to 30 years in prison.
Convictions that include proof that the law violations took place as a part of a scheme to defraud are second-degree felonies, subjecting the person convicted to a range of punishment from a term of probation up to 15 years in prison.
Convictions without fraud or endangerment of human life are third-degree felonies, punishable by a term of probation of up to 5 years in prison. Consult an experienced cybercrime attorney for more details.
Charged? Call West Palm Beach Cyber Crime Attorney Josh LeRoy Because Experience wins. Can You Afford to Lose?
If you, or someone you know, find yourself in need of a computer hacking attorney in West Palm Beach County (Palm Beach County from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach, and up to Jupiter), or any of the surrounding areas, use the form below to drop me a note. Tell me about yourself, what’s happened, and when would be a good time to contact you.
-Joshua LeRoy, Esq.
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