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Computer Crimes Put a Skilled and Trial-Proven Attorney in Your Corner

Computer Crime Defense Attorney in Miami

Protecting the Rights of the Accused in Fort Lauderdale & Beyond

As technology continues to grow, the number of criminal offenses committed online or using computer technology also expands. Internet offenses, also commonly referred to as “cybercrime,” can result in state or federal charges, both of which carry extremely harsh penalties. These may include harsh prison sentences, as well fines that could possibly be hundreds of thousands of dollars. In many of these cases, alleged offenders can find themselves facing criminal charges despite any knowing intent to break the law or harm other parties. In some cases, innocent people can be accused of committing unlawful acts when they themselves may have been the victims of hacking or identity theft.

Have you been arrested or do you believe you are currently under investigation for an alleged cybercrime in Florida? Do not say anything to authorities without legal representation. The Hoffman Firm can fight to make sure your rights are protected.

Miami computer crimes attorney Evan Hoffman is a former prosecutor who aggressively defends clients accused of all kinds of white collar crimes in Opa-locka, Key Biscayne, Miami Beach, North Miami, Fort Lauderdale, and many surrounding areas in Miami-Dade County.

Call us at (305) 928-1669 if you are in Miami, or 954-737-3004 if you are in Broward County, to schedule a consultation with an experienced criminal defense attorney.

Types of Computer Crimes in Florida

Chapter 815 of the Florida Statutes is known as the “Florida Computer Crimes Act.” Numerous acts can be considered computer crimes under state law, and the alleged offenders are not always so-called hackers.

People can face criminal charges for various types of alleged crimes involving computers, but the offenses specifically established under the Florida Computer Crimes Act are outlined below.

Offenses against Intellectual Property (Florida Statute § 815.04)

An alleged offender can be charged under this statute is he or she willfully, knowingly, and without authorization:

  • introduces a computer contaminant or modifies or renders unavailable data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property;
  • destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property; or
  • discloses or takes data, programs, or supporting documentation that is defined as a trade secret or is confidential as provided by law residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property.

An offense under this statute is classified as a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000. If the alleged offense was “committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property,” then the crime is classified as a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000.

Offenses against Users of Computers, Computer Systems, Computer Networks, and Electronic Devices (Florida Statute § 815.06)

An alleged offender can be charged under this statute is he or she willfully, knowingly, and without authorization:

  • Accesses or causes to be accessed any computer, computer system, computer network, or electronic device with knowledge that such access is unauthorized;
  • Disrupts or denies or causes the denial of the ability to transmit data to or from an authorized user of a computer, computer system, computer network, or electronic device, which, in whole or in part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another;
  • Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device;
  • Destroys, injures, or damages any computer, computer system, computer network, or electronic device;
  • Introduces any computer contaminant into any computer, computer system, computer network, or electronic device; or
  • Engages in audio or video surveillance of an individual by accessing any inherent feature or component of a computer, computer system, computer network, or electronic device, including accessing the data or information of a computer, computer system, computer network, or electronic device that is stored by a third party.

An offense under this statute is classified as a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.

The crime can be classified as a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000 if the alleged offender:

  • Damaged a computer, computer equipment or supplies, a computer system, or a computer network and the damage or loss was at least $5,000;
  • Committed the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property;
  • Interrupted or impaired a governmental operation or public communication, transportation, or supply of water, gas, or other public service; or
  • Intentionally interrupted the transmittal of data to or from, or gained unauthorized access to, a computer, computer system, computer network, or electronic device belonging to any mode of public or private transit.

If any of the above actions endangered human life or disrupted a computer, computer system, computer network, or electronic device that affects medical equipment used in the direct administration of medical care or treatment to a person, then the alleged offense becomes a first-degree felony punishable by up to 30 years in prison and/or a fine of up to $10,000.

Offenses against Public Utilities (Florida Statute § 815.061)

If an alleged offender willfully, knowingly, and without authorization gains access to a computer, computer system, computer network, or electronic device owned, operated, or used by a public utility while knowing that such access is unauthorized, the alleged offense is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.

If an alleged offender willfully, knowingly, and without authorization physically tampers with, inserts a computer contaminant into, or otherwise transmits commands or electronic communications to a computer, computer system, computer network, or electronic device that causes a disruption in any service delivered by a public utility, the alleged offense is a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000.

Federal Computer Crimes

Cybercrimes prosecuted by the federal government are often brought under violations of the Computer Fraud and Abuse Act (CFAA). Because most every computer or cell phone “is used in or affecting interstate or foreign commerce or communication,” many computers fall under the jurisdiction of the CFAA.

Title 18 U.S. Code § 1030 establishes several federal offenses that carry the following penalties:

  • Computer Espionage: Violations of 18 U.S.C. § 1030(a)(1) are punishable by up to 10 years in prison for the first offense or up to 20 years for second and subsequent offenses and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
  • Obtaining Information by Unauthorized Computer Access: Violations of 18 U.S.C. § 1030(a)(2) involve a three tier sentencing structure. Simple violations are punishable by up to one year in prison and/or a fine of up to $100,000 for individuals or up to $200,000 for organizations. Second tier violations—for cases in which the offense was committed for purposes of commercial advantage or private financial gain, the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any state, or the value of the information obtained exceeds $5,000—are punishable by up to five years in prison and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations. Third tier violations involve repeat offenders and are punishable by up to 10 years in prison and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
  • Trespassing in Government Cyberspace: Violations of 18 U.S.C. § 1030(a)(3) are punishable by up to one year in prison and/or a fine of up to $100,000 for individuals or up to $200,000 for organizations for first offenses. Subsequent violations are punishable by up to 10 years in prison and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
  • Computer Fraud: Violations of 18 U.S.C. § 1030(a)(4) are punishable by up to five years in prison for the first offense or up to 10 years for second and subsequent offenses and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
  • Causing Computer Damage: Violations of 18 U.S.C. § 1030(a)(5) have a broad range of penalties depending on whether the alleged offender intentionally, recklessly, or negligently caused damage by intentional access. Punishments range from a maximum of one year in prison and/or a maximum fine of $100,000 for individuals or $200,000 for organizations to a maximum of 20 years in prison and/or a maximum fine of $250,000 for individuals or $500,000 for organizations.
  • Trafficking in Computer Access: Violations of 18 U.S.C. § 1030(a)(6) are punishable by up to one year in prison and/or a fine of up to $100,000 for individuals or up to $200,000 for organizations for first offenses. Subsequent offenses are punishable by up to 10 years in prison and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.
  • Extortionate Threats: Violations of 18 U.S.C. § 1030(a)(7) are punishable by up to five years in prison for the first offense or up to 10 years for second and subsequent offenses and/or a fine of up to $250,000 for individuals or up to $500,000 for organizations.

Providing Aggressive Defense Since 2001

If you think that you could be under investigation or you have already been arrested for an alleged cybercrime in Florida, you should not make any kind of statement to authorities until you have legal counsel. The Hoffman Firm can investigate the government’s handling of your case and fight to get the criminal charges reduced or dismissed.

Evan Hoffman is an experienced computer crimes attorney in Miami who serves communities throughout Miami-Dade County, including Hialeah, South Miami, Aventura, Coral Gables, and many more.

Give us a call at (305) 928-1669 today if you are in Miami. Call us at 954-737-3004 if you are in Broward County.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
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