Computer Hacking Laws

What You Should Know About Computer Hacking Laws

There are many different sorts of computer crimes, but hacking is one of the most well-known. Hackers have impacted everything from the economy to the political by penetrating every part of our life as data breaches have become more common.

Hacking, however, isn’t always considered a crime because of the various degrees of hacking, its growing ubiquity in our culture, and it’s critical to know where the borders are set.

Hacking into a computer system is a severe offense. It’s a very technical charge, meaning you’ll have to defend yourself by knowing the laws related to your situation. David E. Stanley, a criminal defense lawyer, can provide legal advice if you have been involved in a computer hacking activity.

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Computer Hacking Defined

Hacking is the process of breaking into a computer system. As mentioned earlier, hacking isn’t necessarily a crime because “ethical hacking” occurs when a hacker is permitted to exploit security networks legitimately. To put it another way, it’s when a hacker gets the necessary permission or authorization. On the other hand, hacking crosses the criminal line when a hacker gains access to someone’s computer system without their consent or authority.

If you face a computer hacking charge, you admit that you accessed another party’s computer system or network without their permission or legal authority. At least four federal statutes may apply to your situation. Let’s go through each briefly.

Four Computer Hacking Federal Statutes

1. The Stored Communications Act (SCA)

The SCA, enacted in 1986, gives network service providers’ clients legislative privacy protection. The SCA governs how the government can access stored account information from Internet Service Providers (ISPs). E-mail addresses, as well as subscriber and billing information, are usually included in this account information. The SCA, in particular, lays down the procedure that state and federal law enforcement officials must follow to compel the provider to release these materials.

Judge's gavel on the laptop

2. The Defend Trade Secrets Act (DTSA)

The DTSA was enacted to protect trade secrets. When a trade secret is misappropriated, the DTSA establishes a private civil right of action for victims of trade secret espionage or theft. The stolen trade secret must be related to a product or service utilized in, or intended for use in, interstate commerce.

3. The Electronic Communications Privacy Act (ECPA)

The ECPA was passed to protect customers’ privacy rights when their ISP personal information is revealed. Violations can result in civil penalties and criminal proceedings in some situations.

4. The Computer Fraud and Abuse Act (CFAA)

The federal law that prohibits computer fraud and abuse is called CFAA. This federal statute addresses legal and criminal access to government and financial information technology networks. It was created to reduce computer system cracking and address federal computer-related offenses. The CFAA is federal legislation that criminalizes hacking or breaking a government computing system.

Each of these rules may apply in different situations, so it’s a good idea to check to see if any of them or other laws are applicable to your situation.

The primary statute to be concerned with is the CFAA. This one makes it illegal to hack into another person’s computer system. Unauthorized access is against the law, and the legislation attempts to protect servers, laptops, cellphones, tablets, and desktop computers from hacking.

What Kind of Punishments Could You Face if Accused of Hacking?

Depending on your criminal history, you might face a sentence of one to ten years in jail for trafficking in passwords under the CFAA. If you use computers to extort money or assets, you might face a five-year prison sentence. If you hack into a computer to steal information, you could face a sentence of one to five years in prison.

The first offense concerning national security could result in ten years in jail. Second convictions can result in jail sentences of up to 20 years.

Victims of CFAA violations have several alternatives. For example, they may demand the seizure of the offending party’s property or seek injunctive remedies. They may also request to impound stolen information and gadgets so they cannot be reassessed.

Frequently Asked Questions:

Is Computer Hacking a Crime?

A crime is committed whenever someone enters a computer without permission, even if the person does not take information or cause harm to the system. Hacking offenses are likely to be tried in state or federal court for one of the crimes outlined above. Hacking is also expressly targeted by several laws.

What is the Consequence of Hacking?

Hacking is a severe offense that can result in serious legal ramifications. Hacking is often categorized as a misdemeanor or felony white-collar crime, depending on the amount of damage or money stolen. Jail or prison time, as well as criminal fines and retaliation, are all possible criminal consequences.

What is the Penalty for Hacking a Phone?

Penalties for misdemeanors can range from a year in county jail to three years in prison for felonies, depending on the specifics of the case.

handcuffs on the laptop

Credible Defense Lawyer

David E. Stanley APLC’s primary focus is on each client’s well-being and is determined to find a solution to their specific legal challenge. Attorney David E. Stanley will treat you with dignity, respect, and compassion in any scenario. Don’t hesitate to contact Mr. Stanley if you need advice on a computer hacking case you may be involved in.

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David E. Stanley, APLC
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Baton Rouge, LA 70802
225-926-0200

Property Crimes

Five Different Felony Property Crimes You Should Know About

Felony property crimes are the most severe property crimes one can commit. They can range from causing property damage to stealing something. Theft of cash, on the other hand, is the most common. Unfortunately, only around 18% of theft crimes are filed as charges. So first, we’ll go through some property crimes and what to expect when charged with one.

Anyone accused of felony property offenses will need to prepare a defense. You might face prison time and hefty fines and penalties if convicted of these offenses. If you think you are involved in any felony property crime, you can turn to David E. Stanley for the best advice to tackle them.

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Five Different Felony Property Crimes

Arson

The intentional and malicious burning or charring of property is classified as arson. While most arson crimes involve the destruction of structures, a person could also set fire to forest land or a boat. Arson is frequently used to conceal evidence of other crimes, such as insurance fraud or domestic abuse. Arson crimes often involve malicious intent as a distinctive sign of criminal conduct. Arsonists must be registered with the Louisiana Arson Registry.

Financial Crimes and Fraud involving Property

Fraud and financial crimes are types of theft/larceny in which someone or something obtains money or property and uses it illegally to profit from it. These crimes differ from ordinary theft and robbery because of deception, fraud, or the misuse of a position of trust. Fraud and financial crimes can take various shapes in today’s challenging economy. Fraud can cover many concerns, from insurance fraud to deceptive sales to homeowners. For example, allegations of fraud might range from filing a bogus insurance claim to selling an item and never delivering it after receiving payment.
Lawyer talks about Property Crimes

Property Theft and Burglary

Any unauthorized entry into another person’s home, watercraft, car, cemetery, or other location to commit a crime is considered simple burglary. A simple felony can result in fines of up to $2,000 and a jail sentence of up to 12 years.

Burglary is the illegal entry into any structure (not just a home or company) to commit any crime (not just theft or robbery) within. There is no need for a physical break-in; the criminal can trespass through an open door. In contrast to robbery, which involves using force or terror to gain another person’s property, a burglary typically occurs without the presence of a victim.

Burglary has been a crime for hundreds of years. Although it originated in common law, states have adopted the basic concept of burglary into their criminal laws, albeit with minor variations. Burglary laws were created to defend people’s homes and prevent violence, not to keep them safe from theft. Other laws make it illegal to take property; burglary laws, on the other hand, are intended to protect homeowners from dangerous encounters with burglars in their homes.

Robbery

Robbery is theft committed with the use of violence or the threat of violence. Unlike theft and burglary, robbery nearly invariably necessitates the presence of a victim threatened with bodily harm. The theft may be charged as “armed” or “aggravated” if a weapon is used or the victim is injured.

Vandalism

Vandalism laws intend to prevent behavior that has the potential to cost states millions of dollars in clean-up costs each year, as well as cause psychological or emotional harm to property owners. When someone defaces, modifies, or destroys another person’s property, they may be obliged to clean up, restore, or replace the damaged property or face criminal consequences such as jail time, fines, or both.

What To Do if Charged with a Felony Property Crime?

If you face felony offense charges, you must understand your legal rights and create a strong defense. Felony offenses are often punishable by hefty fines and penalties, as well as the possibility of being imprisoned for a year or more.

You have a Legal Right to be Represented

If facing a felony charge, your first concern should be to avoid saying or doing anything that will aid the prosecution’s case. Staying silent and not saying anything unless you completely grasp your legal rights is the most significant way to defend your interests. To protect yourself, remember that you have a right to an attorney and that you should discover more about the specific claims so that you may start preparing a defense against the charges you may face.

Frequently Asked Questions:

What is an Example of a Crime Against Property?

Burglary, motor vehicle theft, theft, arson, vandalism, and shoplifting are all examples of crimes against property.

What are the Major Offenses Against Property?

Theft, fraud, deception, and making off without paying are the most common property crimes, as are criminal damage, arson, forgeries, and forceful entrance. However, some property crimes, such as burglary, robbery, and blackmail, may also include components of crimes against people.

What is the Lowest Sentence for a Felony?

In general, felony offenses, whether state or federal, have a one-year minimum term. Federal felony offenses are classified into four categories, with escalating potential penalties based on the seriousness of the crime: Class “E” felonies are the least serious and can result in a prison sentence of up to three years.

Property Crimes

Reliable Criminal Defense Attorney​

Since 1983, David Stanley has successfully practiced criminal law from his Baton Rouge office. He is a well-known trial lawyer who focuses his practice on defending individuals and businesses charged with severe or complex felonies and those seeking to overturn an unjust criminal conviction or disproportionate punishment. He is mainly dedicated and experienced in the field of federal criminal defense.

Schedule a Consultation with David E. Stanley, APLC,
Criminal Defense Attorney!
Call 225-926-0200 Today!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

A judge's gavel

Five Defense Techniques To Assist You in Obtaining a Lighter Sentence

Criminal Defense Attorney

The primary purpose of criminal defense for many people is to avoid a conviction. Your defense, on the other hand, does not always finish when the jury renders its decision. You will have to appear in court again after a guilty verdict. David E. Stanley APLC, a criminal defense attorney, is ready to give the best advice to any criminal case.

If there is a victim of the offense, the pre-sentencing investigation will contain a victim impact statement. This investigation aims to fill in the gaps in the court’s understanding of the events leading up to the crime. For that, you need an experienced criminal defense attorney. As a result, the courts may give a more appropriate penalty if they understand the offense better.

During the hearing for your sentence, your attorney will use the facts gathered during the pre-sentencing process. You will also have the opportunity to argue in your defense. Getting legal representation immediately is necessary. David E. Stanley is an experienced attorney who can guide you through the legal process and help you achieve the most favorable outcome possible for your case. Get in touch with us as soon as possible to receive a free consultation!

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Defense Techniques that May Help Reduce Sentence

Here are several ways to get a criminal sentence reduced that you might explore with your lawyer.

Investigate Your Past to Elicit Sympathy

Personal trauma and mental health difficulties frequently influence criminal conduct. For example, maybe a bar brawl got out of hand because the person shouting at you reminded you of your controlling father. Perhaps you’re dealing with a mental health issue or an addiction.

Your lawyer can assist you in evaluating the circumstances that led to your illegal activities and determining whether or not expressing your history or side of the story during sentencing might be beneficial.

Show Genuine Regret and a Proactive Desire to Improve

People convicted of crimes will try to avoid hearing the victim impact statement or minimize the repercussions of their conduct in any way possible. However, recognizing how your actions harmed others and considering how you might accept responsibility for your future actions may appear compassionate to the courts.

Attending counseling, commencing treatment, or donating money and time to a charity supporting victims of criminal offenses could be beneficial. These actions demonstrate that you are responsible for your actions and want to lessen the damage they caused. In addition, other sentencing options may be available to help reduce the effects of a recent conviction. Finally, examining your position and potential punishments in detail might assist you in better planning for the last stages of your criminal defense.

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Plea Bargains

Prosecutors frequently try to agree with an alleged offender to avoid costly and time-consuming trials. If you plead guilty (the “plea”), they will attempt to persuade the judge to reduce your sentence (the “bargain”).
A plea deal may be a suitable alternative if the case against you is vital or you just wish to plead guilty. Because of your apparent cooperation, the judge may be lenient and award you a reduced sentence.

Remember, a plea bargain isn’t always a sure thing. Regardless of your cooperation, the judge has the option of imposing a harsher sentence on you. In addition, a guilty plea is irrevocable. Therefore, a guilty plea could linger on your criminal record for life, depending on the offense. Furthermore, by pleading guilty, you are acknowledging that you were the one who committed the offense. For some, that carries a lot of emotional weight, and you might want to go to court to prove your innocence. You’re also unable to raise any concerns about police misbehavior. Instead, you’re admitting that you broke the law, regardless of how they acted.

Discuss your case thoroughly with your counsel before accepting a plea bargain. Take their counsel seriously if they believe a plea bargain is the best action. Remember, though, that you always have the right to defend yourself, and if you want to fight your case in court, your attorney should support you.

Proving Circumstances to Avoid

Even though a defendant appears entirely guilty, the court may exercise mercy on them. People’s natural tendencies might make poor decisions, especially when confronted with unexpected circumstances. Mitigating circumstances are conditions outside of the criminal justice system that impacts criminal behavior.

Suppose the prosecution has a strong case, and a guilty finding appears to be a foregone conclusion. In that case, your attorney may be able to show that circumstances outside of the offense warrant a lesser punishment.

Mitigating Circumstances Surrounding the Offense

Your attorney can use various strategies to argue that the crime does not warrant a harsh penalty.

1. There was No Actual Harm Done

Consider a mugger who approaches someone in a dark alley. They take out a knife and demand the victim’s wallet. They realize the wallet is empty when they receive it, so they give it to the victim and depart. The attacker intended to mug the victim and undoubtedly commit armed assault. However, no one was wounded, and nothing was stolen. In a circumstance like this, an attorney may be able to negotiate a reduced sentence.

2. The Victim Is Also at Fault

Take the same scenario, except swap the victim and the attacker this time. Consider a person going along the street, minding their own thing. A mugger appears, brandishing a knife, and demands the victim’s wallet. The mugger’s knife is knocked out of the mugger’s grasp, and the victim begins to beat them severely. This would-be victim is charged with aggravated violence on the spur of the moment.

In terms of the law, this person made a mistake. You can’t defend yourself with disproportionate force. On the other hand, this individual did not assault someone at random. The mugger would never have gotten hurt if he hadn’t started the fight. This example of “victim culpability” can be used to request a reduction in punishment.

3. When You’re Under Pressure

You can claim that you were compelled if you were threatened with committing a crime. The court may still find you guilty, but it may decide to give you a lower sentence because of coercion.

4. Circumstances Surrounding the Suspected Offender

An attorney may be required to cast a positive light on the alleged perpetrator on occasion. Here are some examples of how a defendant’s circumstances may influence their punishment.

The lawyer explained to the client about legal issues

 5. Addiction Issues

Long-term addiction can have a lifelong impact on a person’s decision-making ability. Being under the influence of a substance distorts your judgment as well. If you’ve been battling addiction, a court-ordered treatment program may be able to reduce your sentence to probation.

6. An Offense for the First Time

This could work in your favor if you have an otherwise spotless record and are arrested for a single offense. If the court considers that you will not continue to constitute a threat and that rehabilitation will be effective, it may reduce your sentence.

7. Cooperation at a High Level

If you agree to collaborate extensively with the cops, they may begin to believe that you are trying to do the right thing. This is particularly true if you assist them in locating any co-defendants. In addition, they may start to see you as a team member and advocate in your favor, pleading with the court to reduce your sentence.

8. Problems with Mental Health

If you had a temporary mental health problem that led to you doing an illegal act, you might be eligible for a reduced sentence. Remember that this is not the same as filing an insanity petition. Those are only for persons who have severe and debilitating mental conditions. Reintegration into society is not immediate. Instead, they are usually committed to high-security mental health centers. While they are not technically jails, their inmates are not free to come and go. They’ve been sentenced to be there, and their actions and liberties are tightly monitored.

We’re talking about a brief health issue that resulted in a lack of judgment. Although you are still guilty of the crime, your mental condition at the time may result in a reduced punishment.

Frequently Asked Questions:

What are the Four Most Important Justification Criminal Defenses?

The four most important justification criminal defenses used in criminal cases are innocence, self-defense, insanity, and constitutional infringement. A solid defense can assist raise enough doubt that a conviction is unjustified. Therefore, criminal courts require that a judge or jury determine guilt beyond a reasonable doubt.

What are the 7 Procedural Defenses?

The seven procedural defenses are entrapment by the government, false confessions by witnesses, faked evidence, denial of a timely trial, double jeopardy, prosecutorial misconduct, and selective prosecution.

What are Three Arguments for a Valid Defense to a Crime?

The three arguments for a valid defense to a crime are: They can contest the actus reus by denying that they performed the act. They can argue that they lacked the required criminal intent or guilty mentality, arguing that the men’s rea was violated. Finally, the accused has the right to react to the charges and submit a defense.

Judge reading legal documents

Experienced Criminal Defense Attorney

Mr. Stanley has successfully practiced criminal law from his Baton Rouge office since 1983. He is a renowned trial lawyer who devotes his practice to defending persons and businesses accused of significant or complex felony crimes and those seeking to overturn an unjust criminal conviction or disproportionate punishment. In addition, he is exceptionally dedicated and skilled in the area of federal criminal defense.

Schedule a Consultation with David E. Stanley, APLC,
Criminal Defense Attorney!
Call 225-926-0200 Today!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200