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Cybercrime is a serious offense that can carry hefty penalties regardless of its virtual nature. If you are facing charges related to internet fraud, cyberstalking, identity theft, or other illegal internet-based activity, you should work with a Denver cybercrimes lawyer right away to mount the strongest defense possible. A defense attorney from Petrash Law could help protect your rights and fight these accusations.
Cybercrime is an umbrella term that covers a wide range of offenses, which is why it is so important to find a Denver attorney who could help you understand what you have been accused of. Under CO Rev Stat § 18-5.5-102 (2024), it is defined to include the following parameters, among other potential offenses:
This means that even something as small as guessing someone’s computer password and using it without permission could be prosecuted under cybercrime legislation. Digital crime charges can also arise in conjunction with other charges, including forgery of a financial instrument (CO Rev Stat § 18-5-205 (2024)), stalking (CO Rev Stat § 18-3-602 (2021)), and identity theft (CO Rev Stat § 18-5-301 (2024)).
The impact scale of the crime usually factors into how serious the penalties could be. Online crimes that caused a large financial loss, impacted multiple victims, or targeted a government or medical system are often treated with more gravity. These crimes are typically charged as felonies and carry hefty fines and prison time.
Conviction for a cybercrime will often have lasting impacts on housing options and future job prospects, especially in fields that require professional licensing or adherence to a code of ethics. A digital offenses attorney in Denver could help you mount a solid defense against charges and potentially avoid these penalties. Early in the case, they could evaluate the strength of the charges against you and investigate the evidence using their own resources.
There are multiple ways a cybercrimes lawyer in Denver might structure a defense against charges. Since the law requires knowledge of the act, one possible defense is a lack of intent. Another is that the defendant actually had authorization to access the files or computer system in question. Since cybercrime evidence, by its very nature, is often entirely digital, there are also defense strategies that anchor on the strength of the evidence. These approaches may include:
An experienced defense attorney could also point out insufficient and inconclusive evidence, demonstrating holes in the prosecution’s version of events. This process will likely include accessing police reports and search warrants, as well as considering whether the client’s rights were violated when evidence was gathered. For example, it may be difficult or impossible to demonstrate the identity of the perpetrator, and a lawyer could seek additional evidence of IP spoofing or third-party access to help support this.
A cybercrime conviction is a serious offense that has lasting impacts. After examining the evidence, an attorney could consider possible defense strategies and work with you to execute what best fits your case. If a pre-trial agreement cannot be reached, they could represent you during trial, negotiate with the prosecution, and aim to get charges dismissed or reduced. If you are facing these charges, reach out to an experienced Denver cybercrimes lawyer as soon as possible to begin building a strong defense.