Internet Crimes Defense Attorney in Los Angeles
In today’s digital age, internet crimes have become one of the fastest-growing categories of criminal offenses. These crimes, also referred to as cybercrimes, include online fraud, hacking, identity theft, and cyberstalking. Under California law, internet crimes are prosecuted aggressively and can result in severe penalties, including imprisonment, significant fines, and long-lasting damage to your reputation. If you are facing such allegations, it’s essential to have a skilled Los Angeles internet crime defense lawyer by your side to navigate these complex cases.
At The Law Offices of Arash Hashemi, we understand the challenges associated with defending internet crime cases. With over 20 years of experience, Attorney Arash Hashemi, a trusted Los Angeles criminal defense attorney, is committed to providing aggressive and personalized legal representation. Don’t wait to take action—contact our office today at (310) 448-1529 to schedule your free consultation and start building a strong defense.
What Are Internet Crimes Under California Law?
Internet crimes, also known as cybercrimes, involve the use of the internet, computers, or other electronic devices to commit unlawful acts. These offenses may be prosecuted under both California state law and federal law, depending on the circumstances and severity of the alleged crime. Factors such as the type of offense, the financial damage caused, and the involvement of multiple victims or activities across state lines often determine the applicable charges and penalties.
Some of the most common laws used to prosecute internet crimes include:
- California Penal Code Section 484g: Unauthorized use of credit or debit cards online.
- California Penal Code Section 502: Unauthorized access to computer systems (commonly referred to as hacking).
- California Penal Code Section 528.5: Online impersonation with the intent to harm, intimidate, or defraud another individual.
- California Penal Code Section 530.5: Identity theft conducted through electronic means.
- Federal Computer Fraud and Abuse Act (CFAA): A federal law addressing crimes such as hacking, data breaches, and other offenses involving unauthorized access to computer systems.
Common Types of Internet Crimes and Their Penalties
Online Fraud
Deceptive schemes carried out over the internet, such as phishing emails, counterfeit online stores, or fraudulent investment opportunities, are examples of online fraud. These offenses target unsuspecting victims, leading to financial losses, identity theft, or even damage to businesses. Depending on the scope of the crime and the amount of financial harm caused, online fraud may be prosecuted as either a misdemeanor or felony. Penalties for a conviction can include up to 5 years in prison and fines reaching $10,000.
Hacking
Breaking into computer systems, networks, or databases without permission is considered hacking, which is a serious criminal offense. This includes activities such as installing malware, altering or deleting sensitive data, or stealing confidential information. Whether targeting individuals, companies, or government entities, hacking can cause significant harm and is punishable under California Penal Code 502 and federal laws like the Computer Fraud and Abuse Act (CFAA). A conviction in California can result in a prison sentence of up to 3 years and substantial fines, with federal cases often carrying even harsher penalties.
Identity Theft
The unauthorized use of another person’s personal or financial information—such as Social Security numbers, bank account details, or credit card credentials—constitutes identity theft. This crime not only causes financial harm but can also disrupt a victim’s credit and overall security. Prosecuted under Penal Code 530.5, identity theft is a wobbler offense, meaning it can be charged as either a misdemeanor or felony. Felony convictions for identity theft can lead to up to 3 years in state prison, in addition to monetary fines.
Cyberstalking and Online Harassment
Using the internet to intimidate, threaten, or stalk someone can fall under the crimes of cyberstalking and online harassment. This behavior often includes sending repeated unwanted messages, making threats, or posting defamatory content about the victim. California law treats such actions as a felony, with penalties including up to 5 years in prison and potential restraining orders. Courts take cyberstalking seriously, especially when it involves threats of harm or persistent harassment that impacts the victim’s safety and peace of mind.
Child Pornography
One of the most severe internet crimes, involving the possession, distribution, or production of child pornography, is aggressively prosecuted under both state and federal laws. These offenses are treated as some of the most serious cybercrimes, with penalties that can include lengthy prison sentences, mandatory sex offender registration, and substantial fines. Even the mere possession of such material can result in life-altering consequences, making it critical to mount a strong legal defense if accused.
Legal Defenses for Internet Crimes in California
Lack of Intent
Many internet crime charges require the prosecution to prove that the defendant acted with criminal intent. If you did not intend to commit a crime or were unaware of the illegal nature of your actions, your attorney can argue that the required intent is missing.
For example:
- If you accidentally accessed restricted information or mistakenly shared copyrighted material, you may not have acted with malicious or fraudulent intent.
Insufficient Evidence
Internet crime cases often rely on technical evidence, such as IP addresses, electronic communications, and computer logs. However, this evidence can be flawed, incomplete, or misinterpreted.If the evidence does not conclusively link you to the alleged crime, the charges may be reduced or dismissed. Your attorney can examine the prosecution’s evidence to identify weaknesses, such as:
- Improper attribution of an IP address,
- Gaps in the digital chain of custody, or
- Errors in forensic analysis.
Mistaken Identity
Cybercrime cases frequently involve the misidentification of individuals due to the anonymous nature of the internet. Hackers, scammers, or other third parties can use your IP address, device, or online accounts without your knowledge or consent. This defense is particularly effective in cases involving identity theft or unauthorized access. Your attorney can argue that:
- Your accounts were hacked or spoofed, or
- Another individual used your credentials to commit the alleged crime.
Violation of Constitutional Rights
Law enforcement must follow strict legal procedures when investigating internet crimes. If your rights were violated during the investigation, the evidence obtained may be inadmissible in court. Your attorney can challenge the prosecution’s case by demonstrating violations such as:
- Illegal Search and Seizure: If police conducted a search of your computer, phone, or electronic devices without a valid warrant or probable cause, the evidence may be excluded.
- Improper Interrogation Tactics: Coerced confessions or statements obtained without proper Miranda warnings may be inadmissible.
Entrapment
If law enforcement officers or agents persuaded or coerced you into committing an internet crime that you otherwise would not have committed, this may qualify as entrapment. Your attorney can argue that:
- The government’s actions created a criminal opportunity that you would not have pursued on your own, and
- You lacked the predisposition to commit the crime prior to government involvement.
Lack of Knowledge
Some internet crimes require proof that the defendant knowingly participated in illegal activity. If you were unaware of the criminal nature of your actions, your attorney can argue that you did not act with the required knowledge or intent.
For instance:
- If you unknowingly downloaded illegal content or software containing malware, you may not be legally responsible for the crime.
Consent or Authorization
In certain cases, you may have had authorization to access the system, account, or information in question. This defense is particularly relevant in cases involving allegations of unauthorized access or hacking. Your attorney can present evidence that:
- You had permission from the account holder or system owner, or
- Your actions were within the scope of your authorized access.
Technical or Forensic Errors
Digital evidence is highly complex and subject to error. By challenging the reliability of the prosecution’s digital evidence, your attorney can weaken their case. Our Los Angeles internet crime defense lawyer can work with forensic experts to identify technical issues, such as:
- Errors in how evidence was collected, preserved, or analyzed, or
- Software bugs or system malfunctions that may have caused the alleged crime.
How Our Los Angeles Internet Crime Defense Lawyer Can Help
When facing internet crime charges, having the right attorney by your side can make all the difference. With over 20 years of experience, our Los Angeles internet crime defense lawyer has a proven track record of successfully defending clients in complex criminal cases, including those involving internet crimes. We understand that no two cases are the same, which is why we take the time to develop customized defense strategies tailored to your specific circumstances.
Our approach to representation is both aggressive and results-driven. Whether negotiating with prosecutors or advocating for you in court, we are committed to securing the best possible outcome for your case. In addition, our team has comprehensive knowledge of California and federal cybercrime laws, ensuring that we stay up-to-date on the latest legal developments and apply them effectively in your defense.
We also recognize the emotional toll that criminal charges can take. That’s why we prioritize a client-centered approach, providing compassionate and non-judgmental support every step of the way. You don’t have to face these challenges alone—our goal is to protect your rights and help you navigate this difficult time with confidence.
Steps to Take If Accused of Cybercrimes in California
The first and most important action is to contact an experienced Los Angeles criminal defense attorney. Having skilled legal representation early in the process can help you protect your rights and begin building a strong defense. Your attorney will evaluate the charges against you, guide you through the legal process, and develop a strategy tailored to your situation.
It is equally important to avoid speaking to law enforcement without your attorney present. Anything you say during an investigation can be used against you in court, even if you believe you are providing helpful explanations. A criminal defense attorney will ensure that you do not inadvertently harm your case by saying something that could be misinterpreted.
Additionally, you should take steps to preserve any evidence that may support your defense. This includes saving emails, text messages, or other digital communications that could demonstrate your innocence or challenge the prosecution’s claims. On the other hand, it is critical to refrain from posting anything on social media or engaging in online discussions about the allegations. Prosecutors and investigators can use social media activity as evidence against you, so it is best to stay offline until your case is resolved. Taking these steps can make a significant difference in the trajectory of your case.
Contact a Los Angeles Internet Crime Defense Lawyer Today
If you are facing internet crime charges in Los Angeles, taking immediate action is essential to safeguarding your rights and future. Attorney Arash Hashemi, a dedicated criminal defense attorney in Los Angeles, will carefully review the details of your case, evaluate the evidence, and develop a defense strategy tailored to your situation. Contact our office today to schedule a consultation, where Attorney Hashemi will sit down with you to discuss your legal options and guide you through the next steps in building a strong defense.
Schedule Your Consultation Today
- Phone: (310) 448-1529
- Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
