NYC Cybercrimes Attorney

Being charged with cyber crimes in NYC can scare anyone. If you’re being accused of hacking, fraud, or any other computer crime, you need someone you can trust. Prosecutors are taking these cases more seriously than ever, and the penalties are harsh.

As a former NYC prosecutor, attorney Mehdi Essmidi knows how these cases work and uses that knowledge to fight for his clients. Don’t let cybercrime charges take over your life. Call us today for a free consultation.

Cybercrimes in NYC

Breach of Computer Security — NY PL 156.05

This statute makes unauthorized use of a computer a Class A misdemeanor punishable by up to 1 year in jail and fines. Unauthorized use can also be classified as computer trespass under NY PL 156.10, a Class E felony.

Charges can escalate fast if the breach causes over $1,000 in damages or disrupts government operations. These technical cases require an attorney who knows the legal and technical aspects of computer security breaches and criminal laws.

Electronic Data Tampering — NY PL 156.20

This statute covers the unauthorized alteration or destruction of computer data. Depending on the damage, charges range from a Class A misdemeanor to a Class C felony.

For minor cases, the penalty is up to 1 year in jail. However, if the tampering causes significant financial loss or disrupts critical services, you could be charged with a felony and face up to 15 years in prison.

Electronic Access Interference — NY PL 156.25

This statute covers actions that interfere with the accessibility or functioning of electronic systems such as computer networks or services. This includes hacking, launching a denial-of-service (DoS) attack, or any unauthorized interference that disrupts normal computer operations.

Online Impersonation and Identity Theft — NY PL 190.25

This statute makes creating fake online profiles or using someone else’s identity online a Class A misdemeanor, punishable by up to 1 year in jail. If you’re charged under this statute, hire an attorney to build a strong defense for your case.

Cyberstalking — NY PL 120.45-50

Cyberstalking laws make it illegal to intentionally cause someone to fear for their safety, harm their mental or emotional health, or threaten their employment. Charges escalate based on prior convictions, use of a weapon, number of victims, and physical injury. Penalties range from a Class B misdemeanor with up to 90 days in jail to a Class D felony with up to 7 years in prison.

Using electronic means like emails or social media to harass or intimidate someone can be prosecuted under stalking laws. Perpetrators can face imprisonment, fines, and probation.

Invasive Visual Recording (unlawful surveillance) NY PL 250.45

Invasive visual recording is the unauthorized use of a device to view, broadcast, or record someone without consent in a place where they have a reasonable expectation of privacy. Here are the elements and penalties of this statute:

1. Unlawful Surveillance in the Second Degree (§ 250.45): Class E felony, up to 4 years in prison.
2. Unlawful Surveillance in the First Degree (§ 250.50): Class D felony, up to 7 years in prison. This charge applies if the perpetrator has prior unlawful surveillance convictions or uses the recordings for financial gain.

Harassment

In NY, harassment (including cyber harassment) prohibits using electronic communication to threaten, alarm, or annoy someone. This includes threatening emails or messages and using social media to intimidate. Penalties range from up to 15 days in jail for minor offenses to misdemeanors with up to 1 year in jail.

Phishing Scams

Phishing is a type of internet crime that involves using deceptive emails, websites, or messages to steal personal info like passwords, credit card numbers, or other sensitive data. In NY, this is covered under various criminal offenses:

Fraud: Phishing schemes are often fraud and can be prosecuted under NY’s general fraud statutes.

Identity Theft: NY has tough identity theft laws that criminalize the unauthorized use of someone else’s personal information.

Computer Crimes: Phishing can also fall under computer crimes, which cover unauthorized access to computers and networks to commit fraud or theft.

Consequences of a Cybercrime Conviction

A cybercrime conviction in NYC can have severe and long-lasting consequences:

Jail or Prison Time: Depending on the offense, those convicted could face anywhere from a few months in jail for misdemeanors to several years in state prison for felony convictions. Some cybercrime offenses can also be prosecuted as a federal crime and carry even more severe penalties.

Fines: Cybercrime convictions often come with big fines from a few thousand to hundreds of thousands of dollars depending on the crime and financial damages.

Restitution: Those convicted may be ordered to pay restitution, which can be significant in financial crimes.

Criminal Record: A cybercrime conviction can result in a permanent criminal record.

Limited Internet Access: As part of the sentence or probation, those convicted may face internet restrictions or require monitoring of online activities.

Defenses for Cybercrime Charges

If you’re charged with cybercrime in NYC, you have rights and defenses. As a former prosecutor, attorney Mehdi Essmidi knows how to find holes in the prosecution’s case and build a strong defense. Here are some common defenses that may apply to cybercrime cases:

Lack of Intent: Many cybercrime laws require the prosecution to prove the defendant acted with specific intent. Showing you didn’t intend to commit a crime may get you reduced charges or dismissed.

Insufficient Evidence: Cybercrime cases rely heavily on digital evidence, which can be complex and open to interpretation. We scrutinize every piece of evidence for inconsistencies to get dismissal or acquittal.

Unauthorized Access by Third Parties: Showing someone else used your computer or online accounts without your knowledge or permission can be a good defense. If the prosecution can’t prove the defendant knowingly gained access to the computer system, it’s a strong defense.

Mistaken Identity: We may look into the prosecution’s methods used to link you to the crime, and challenge any weak or circumstantial evidence.

Call Us for a Free Consultation

At The Law Offices of Mehdi Essmidi, we offer a free consultation to discuss your case. We have experience in cybercrime cases and provide an aggressive defense.  Call us today for a free consultation.

Frequently Asked Questions

What is a cybercrime in NY?

Cybercrimes in New York cover offenses involving computers, networks, or the Internet. These can include computer trespass, computer tampering, unauthorized access to computer material, identity theft, and various internet offenses. New York state has laws that cover these crimes, and depending on the circumstances, they can also be prosecuted as federal crimes.

What is computer trespass in New York?

Computer trespass occurs when a person knowingly gains access to computer material without proper authorization. This is a class E felony in New York. Even if no damage is done, unauthorized access alone can get you charged.

What role do federal agents play in cybercrime cases?

When cybercrimes cross state lines or involve federal institutions, federal agents may get involved in the case. These cases can then be prosecuted as federal crimes, which carry more severe penalties than state charges.

How serious are charges for cyber attacks on banks?

Cyber attacks on banks can be prosecuted under state and federal law and can result in serious penalties, including prison time and big fines.

What do you do if you’re accused of a cybercrime in NY?

If you’re accused of cybercrime in NY, avoid making any statements, and don’t talk to anyone about the case. Call a NYC cybercrime lawyer right away, and don’t consent to any searches without talking to your attorney first.