In the state of Arizona, there are many activities that are considered computer crimes in the eyes of the law. Every state has enacted laws to help identify and inhibit the evolution of computer crimes in an effort to protect the public and there are numerous cybercrime laws in the federal code, as well. The computer crime that most people are familiar with is hacking, but many other computer crime laws exist to cover a variety of offenses.
Arizona cybercrime laws are classified as both misdemeanors and felonies and if convicted, they can result in severe sentences depending on the circumstances surrounding the offense. There are many actions that can be performed a computer, smartphone, tablet, or electronic device that could constitute a cybercrime. If you have been charged with cybercrime, contact an experienced Tucson criminal defense attorney that is familiar with Arizona cybercrime law and has successfully litigated cybercrimes cases where people’s lives are on the line.
Common Tucson Cyber Crimes
Cyber crimes are criminal offenses that are committed over the internet and use various forms of computer technology. Before the advent of the internet, crimes such as theft and exploitation of minors could only be committed with some sort of personal exchange or via the mail. Technology has changed that and many more crimes are now committed via electronic devices. Examples of common cyber crimes include:
- Identity theft
- Denial of service attacks
- Internet fraud
- Credit card fraud
- Theft of private, personal information
- Violation of pornography laws (child sexual exploitation/child pornography)
- Internet luring of minors
- Financial crimes
Due to the wide range of computer crimes, if you have been charged with a cybercrime you should speak with an experienced Tucson cybercrime attorney immediately. Cyber crimes are crimes that Arizona prosecutors take very seriously, so it’s in your best interest to be proactive in your defense.
Arizona Cyber Crime Laws
Cyber crimes are expanding at an alarming rate, but Arizona legislators have taken measures to keep up with technology developments and those who use it for illegal means through a number of statutes. A.R.S. § 13-2316 addresses computer tampering (commonly known as “hacking”) by defining the different types of computer tampering and assigning a felony class to each.
A.R.S. § 13-2316.01, addresses unauthorized possession of an access device. Persons charged with this crime are accused of knowingly possessing, trafficking in, publishing or controlling an access device, without consent and with the intent to use or distribute the access device. Intent can be presumed in the possession, trafficking, publishing or control of five or more access devices.
Consequences of Cyber Crimes
Due to the broad scope and nature of cyber crimes, the consequences range from misdemeanors (minor) to major (felonies). Examples of such consequence include:
- Prison time
- Monetary fines/restitution
- Sex offender registration
Cyber crimes are considered serious crimes that carry the potential for lengthy sentences. If you have been charged with a computer crime, the attorney you choose will matter. When looking for a Tucson criminal attorney it is important that you hire an attorney who is familiar with Arizona’s cybercrime laws, technology, and digital evidence. The Law Office of Hernandez & Hamilton, P.C., has extensive experience in computer crimes. If you have been charged with a computer crime, call the Law Office of Hernandez & Hamilton, P.C., for a free consultation.
Police are routinely turning to technology to assist in their criminal investigations. At the Law Office of Hernandez & Hamilton, we have a deep understanding technology and digital evidence. We provide relentless representation of our clients in state and federal cases for internet crimes including:
- Child Pornography: Any sexually-explicit visual depiction of a minor is considered child pornography under both Arizona and federal law. See A.R.S. §§ 13-3551, 13-3553; see also 18 U.S.C. §§ 2251, 2252A. Child pornography offenses carry the potential for severe prison sentences, even for first-time offenders. Simply viewing a picture on a web-browser, in an email, or from a file-sharing service could result in distribution or possession of child pornography charges. At the Law Office of Hernandez & Hamilton, PC, we handle all types of child pornography cases, including distribution, production, and possession cases.
- Internet Luring of Minors: Inviting, offering, or soliciting someone under the age of 18 for sexual purposes is a crime under both Arizona and federal law. Police often pose as children using Snapchat, Facebook, Instagram, Kik, and other web-based applications in sex stings to try to make arrests.
- Other Internet Offenses: We handle cases involving hacking, threats and intimidation, stalking, fraud schemes, illegal gambling, unlawful invasion of privacy, revenge porn, identity theft and other types of computer crimes.
Our attorneys have substantial experience litigating digital evidence, including cell-site location information, GPS tracker data, deleted emails, unallocated hard drive imaging, digital forensics, and other types of evidence in Internet crimes cases. Contact us at the Law Office of Hernandez & Hamilton, PC, at our offices in Tucson, Arizona, for a free consultation.
Potential Defenses for Cyber Crimes in Pima County
An experienced Tucson cybercrime attorney will employ a strategy and assert many defenses on your behalf. Examples of computer crime defenses include:
- The lack of intent to produce the types of results that you have been charged with
- That your identity was used by someone (possibly a hacker), without your knowledge
- Miranda rights violations
- Denial of access to counsel
- Illegal surveillance by law enforcement
- Illegal search and seizure
- Forensic flaws, inaccurate reports, and other issues with the investigative work performed by the police
How Can We Help You?
The computer crime attorneys at the Law Office of Hernandez & Hamilton, P.C. have a deep understanding of technology and digital evidence on a state and federal level. They are seasoned criminal attorneys that defend their client’s vigorously, fight for acquittals and, if appropriate, negotiate plea deals that are in their clients’ best interests. Sentences for computer crimes can include long prison sentences, costly fines, and restrictions on computer usage. If you need an experienced Tucson cybercrime attorney to help you fight your criminal charges, contact the Law Office of Hernandez & Hamilton, P.C., for a free consultation and defense evaluation.