There are many types of Internet crimes
Internet crimes are relatively new to law enforcement, but they can encompass a broad range of both misdemeanor and felony charges. Penalties can range from simple fines to much more serious disciplinary actions that involve large financial penalties and long stretches in prison upon conviction.
Some of the more common types of Internet crimes include:
- Identity theft
- Fraud, including the non-delivery of merchandise
- Copyright infringement
- Illegal gambling activities
- Phishing, spoofing and spam
- Transmission of child pornography
- Drug trafficking
The response by law enforcement to Internet crimes
Because technology continues to evolve at a dizzying pace, efforts by even the most deep pocketed law enforcement agencies can be a challenge. In a rush to find and prosecute online criminals, law enforcement agencies can sometimes be over zealous in their efforts. Further complicating matters is that Internet crimes can be charged at both the state and federal levels.
Internet crime defense strategies
These factors mean that it is essential to be extremely aggressive in defending yourself against Internet crimes of any kind. Although Internet crime defenses are relatively new, there are experienced attorneys such as The Law Office of Ginger Kelley who have defended several people charged with a variety of Internet based offenses.
Ms. Kelley works closely with each defendant based on the facts of a case, many times focusing on intent. The prosecution must oftentimes prove there was intent to harm another and by successfully challenging harmful intent, a defendant improves their chances of an acquittal by creating enough reasonable doubt.
Another important key factor in a successful defense involves gathering electronic evidence that will either support a claim of guilt or innocence. That makes it critical for a savvy defense attorney to engage a seasoned and skilled cyber security expert or highly trained IT professional as part of an overall defense strategy.
Defense strategies may center around claiming that a person was coerced into committing an Internet crime, or that they were actually authorized to access the information in question. Another common defense is claiming that a crime was committed due to a lack of knowledge. This may include inadvertently downloading sensitive files, interacting with someone using a fake identity or accessing files that were not clearly marked as copyrighted materials.
In all these cases, the key is to retain an attorney as soon as possible to give you the best possible chance at mounting an optimal defense that will lead to an acquittal.
The Law Office of Ginger Kelley serves clients in Newport Beach, Santa Ana and communities throughout Orange County, California.