Under new cyber crime and computer laws, a person convicted of computer hacking, virus writing, and computer worm development could get 20 years to life in prison.

Sometimes out of curiosity, Internet website visitors may exceed the access authorized to them under their website access login and under the website’s terms of use.  Even using commercially available scripts may generate serious computer crime accusation of hacking and unauthorized access to a computer network.

If you are facing an accusation of being a computer hacker, a cyber crime and hacking defense attorney from our firm is a technically competent attorney who understands the technical aspects of the Internet in order to provide you with a competent defense. A typical criminal defense attorney without computer knowledge may not understand many of the challenges that can be made against electronic evidence.

]]> http://cyber-crime-defense.com/hacking_unauthorized_access.html/feed 3 http://cyber-crime-defense.com/virginia_computer_crimes.html http://cyber-crime-defense.com/virginia_computer_crimes.html#comments Tue, 13 Apr 2010 19:42:49 +0000 Admin http://cyber-crime-defense.com/?p=34 VIRGINIA COMPUTER CRIMES

In Virginia, computer crimes are codified under the Virginia Computer Crimes Act.  Some Virginia computer crimes include:

• SPAM/ Unsolicited or bulk electronic mail – In Virginia, criminal transmission of SPAM email occurs when someone uses a computer to forge email transmission information or distributes  software primarily for that purpose.
• Computer Trespass- In Virginia, computer trespass is unauthorized use of a computer or computer network to remove data or computer software, alter or erase data or software, transfer funds, or make an unauthorized copy of data or software.
• Computer Invasion of Privacy
• Computer Fraud – In Virginia, computer fraud is using a computer without authority to obtain property or services by false pretenses, embezzle or commit larceny.
• Computer Embezzlement
• Theft of Computer Services
• Use of a Computer as an Instrument of Forgery.

Under Virginia law, the following property is capable of computer embezzlement: 1. Computers and computer networks; 2. Financial instruments, computer data, computer programs, computer software, computer services and all other personal property regardless of whether they are: tangible or intangible, in a format readable by humans or by a computer, in transit between computers or within a computer network or between any devices which comprise a computer or located on any paper or in any device on which it is stored by a computer or by a human.

If the value of the property or services embezzled is $200 or more, Virginia computer embezzlement carries a potential prison sentence of up to twenty years.

Our Internet computer crime, cyber crime defense and Internet crime defense attorneys are experienced in defending against Virginia State and Federal cyber crime, computer crime, and Internet crime accusations.

Some of the most common cyber crimes are:

The Computer Fraud and abuse Act, 18 U.S.C. § 1030 – Creates both civil and criminal liability.  To prove violations of the the Computer Fraud and Abuse Act, the State must prove that a Defendant 1) Knowingly obtained 2)  Access to a computer; 3)  Without authorization; 4) to obtain information; 5) From a protected computer; and 6) said conduct involved Interstate or foreign communication.

Our attorneys are experienced in the defense of accusations of violations of the Computer Fraud and Abuse Act.

Virginia Computer Trespass, Va. Code § 18.2-152.4 - Creates both civil and criminal liability.  It is defined as using a computer to make a copy of computer data without authorization.  Our Virginia cyber crime law attorneys can defend you if you are accused of computer trespass in Virginia.

Virginia Computer Related Trespass to Chattels - Contact with a computer network without authorization thereby causing injury.

Cyber stalking – Cyber stalking is a crime in which the defendant is accused of harassing a victim through the use of electronic communications such as email, instant messaging, or forum posts.

Identity Theft – The Defendant is accused of operating a scheme under which he obtains personal information of another. The Defendant is accused of utilizing this information for many purposes, including to get credit, engage in other criminal activity for which the victim can be blamed. If you are accused of identity theft, you need a quality identity theft lawyer to represent your interests.

Internet sex crimes including Internet Child pornography, Solicitation of a minor via chat room, and Entrapment by Police Officers posing as juveniles.  Any actual use or possession of child pornographic material is a crime. Both the federal government and Virginia are aggressively prosecuting those charged with child pornography. The penalties are extremely severe.

Our Virginia Internet Crime Defense Lawyers assist clients with Virginia Computer Crimes law and Cyber Crime.  In our daily Virginia Computer Crime Defense Lawyer practice, we protect our client’s rights and freedom from Virginia Cyber Crime accusations.  Some examples are listed below, other computer crime cases are listed here:

• Individual accused of selling counterfeit medications over the Internet.  The assistance of a Virginia computer crime defense attorney is essential to protecting the individual’s freedom.
• E-Commerce website operator  faces charges  of Internet criminal copyright infringement.  A Virginia cyber crime defense attorney  intervenes to protect the website operator’s freedom.
• College student is accused of computer hacking, violation of the Computer Fraud and Abuse Act, computer trespass, computer fraud, and a long list of other computer crimes.  A Virginia Cybercrime defense lawyer intervenes to clear up these computer crime accusations and allow the young man to continue his promising IT career.
• An individual faces computer trespass and hacking/unauthorized access accusations after retrieving emails from his unfaithful spouse’s email account.  Prompt assistance from a Virginia computer crimes defense attorney is critical.
• Individual charged with felony transmission of unsolicited bulk email (SPAM).  The intervention of a Virginia SPAM computer crime defense attorney is necessary.
• Our client is arrested for obstruction of justice charges after being the victim of identity theft.  The crimes were committed by the identity thief.  A Virginia computer crime defense attorney with our firm intervenes to clear our client’s reputation which was affected as a result of the cyber crime of Identity Theft.
• Our client is accused of eight counts Internet solicitation of a minor related to an undercover sting operation where a police office played the role of a teenage girl in an Internet chat room.
• High profile government executive with a high level security clearance is arrested for receipt, possession, and distribution of child pornography.  A computer crime defense attorney must manage the defense to prevent the Internet child pornography accusations from ruining his life.
• Our client is accused of violations of  § 18.2-374.3 (Use of communications systems to facilitate certain offenses involving children).
• Our client is accused of running an illegal business on the Internet and of related tax evation.

When you need the assistance of a Virginia computer crime defense lawyer, cyber crime defense attorney, computer fraud defense attorney, computer trespass defense lawyer, SPAM email defense attorney, Virginia Internet crime defense lawyer, or a cybercrime law attorney, a Virginia computer cyber crime defense lawyer with our firm can assist.

Tasks for which an attorney defending an individual of cyber crime may call a computer forensics expert may include hard drive examination, evidence analysis, independent investigation, data recovery, and counter forensics.  Counter-forensics involves reviewing forensic reports and images of digital evidence acquired by law enforcement.  Our analysis will focus on ensuring that law enforcement followed generally acceptable computer forensics procedures.  We also assist the defense attorney in performing a comprehensive review of the evidence, including exculpatory material that the law enforcement examiner may “miss.”

We can provide computer forensics assistance to attorneys representing individuals accused of various computer crimes, including:

• Criminal computer hacking, or computer unauthorized access – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of hacking, unauthorized access or violations of the Computer Trespassing and Computer Fraud statutes.
• Computer solicitation of a minor over the Internet – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of using communications devices to facilitate certain offenses involving minors.  Most of these charges involve police officers posing as minors in Internet chat rooms, Yahoo being the most popular law enforcement site.
  
• Internet identity theft and aggravated identity theft – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of  Identity Theft, aggravated identity theft, trafficking access devices, stolen credit cards, or social security numbers.
• Internet violations of the Computer Fraud and Abuse Act, Access Device Fraud, and Trafficking in Passwords -  Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of  violating the Federal Computer Fraud and Abuse Act.
• Internet violation of the Virginia Computer crime statutes – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of  violating Virginia cyber crime statutes.
• Virginia computer trespass under the Virginia Computer Crimes Act – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of computer trespass in Virginia.
• Virginia computer fraud under the Virginia Computer Crimes Act -  Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of Virginia computer fraud.
• Theft of computer services under the Virginia Computer Crimes Act – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of computer services theft.
  
• Computer embezzlement under the Virginia Computer Crimes Act – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of computer embezzlement.
• Computer as an instrument of forgery under the Virginia Computer Crimes Act
  
• Possession of Internet child pornography – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of possession or distribution of child pornography.  These cases may involve issues related to file sharing software that are highly technical in nature. 
  
• Criminal computer invasion of privacy under the Virginia Computer Crimes Act
• Cyber stalking – Computer forensics expertise, including expert testimony at trial to assist attorneys in defending against charges of cyber stalking.  These cases may be complicated, especially when the prosecution is based on unclear allegations and paper based evidence printouts.  Unless challenged with the appropriate expertise, the Court may accept these printouts as evidence, resulting in a conviction.
  
• Criminal Copyright Infringement – An improperly channeled entrepreneurial spirit could cost you… downloading, sharing, or selling songs, movies, software, documents, or other files may cost you a Federal prison sentence.  We can assist you with our experience in Computer forensics and technology.  We obtained the first jury not guilty verdict in a Federal Internet music piracy case.

When you need the assistance of a Virginia computer forensics expert, or a computer expert witness, we assist Virginia lawyers handling computer crime cases throughout Virginia including without limitation Fairfax County, Henrico County, Richmond City, Chesterfield County, Hanover County, Petersburg County, Prince William County, Hopewell, Petersburg, Dinwiddie, Quantico, Virginia Beach, Norfolk, Chesapeake, Fredericksburg, Stafford, Spotsylvania, Newport News, Hampton, Williamsburg, Amelia, Powhatan, Goochland, Louisa, Manassas, Woodbridge, Charles City, James City, Gloucester, Portsmouth, Shenandoah, Prince George, Sussex, New Kent, West End of Richmond, Glen Allen, Federal Court for the Eastern District of Virginia (Richmond, Alexandria, Norfolk, and Newport News Divisions).