As technology evolves, the law may struggle to keep up. Computers and the internet have become such integral parts of our daily lives that it is no wonder that Utah has established laws regarding cyber crimes. If you are charged with a cyber crime, contact a lawyer for help immediately.
Cyber crimes often involve using a computer and the internet to commit crimes, access private information, or interfere with someone else’s personal affairs. Crimes may include illegal hacking, committing fraud, and exposing someone’s personal information, among other offenses. Defense will vary based on the nature of the alleged offense, but good strategies may include challenging your alleged criminal intent, arguing you were authorized to access a computer or network, or arguing that your actions do not constitute fraud.
Ask our Utah cyber crimes attorneys for a free, private legal assessment when you call Overson & Bugden at (801) 758-2287.
How to Challenge Charges for Cyber Crimes in Utah
Cyber crimes can be somewhat complex, as they tend to involve a lot of tech-speak that not everyone fully understands. Your attorney can help you understand why you are charged and how to defend yourself.
Your Computer Access was Authorized
Many cyber crimes revolve around accusations that the defendant accessed a computer or network without authorization to commit a crime. This is better known as “computer hacking” and is involved in numerous computer-related offenses.
If you had permission to access a computer, database, or network, your actions might not be considered criminal. You cannot be charged with a crime related to hacking if you had the proper credentials to log into a computer or network.
Your Actions Were Not Fraudulent
Many cyber crimes are related to fraud. Using a computer to obtain someone’s private information and use it fraudulently (e.g., identity theft) or using the internet to scam others are common forms of internet fraud.
It is possible that you did not act fraudulently, and that the other person who claims to have been scammed is simply unhappy with the transaction. This is not unusual for those who conduct business online. If our Utah cyber crimes lawyers can show that you were honest about all material facts about the transaction, we may be able to undermine allegations of fraud.
Lack of Criminal Intent
People make mistakes using computers all the time. You might have accidentally accessed information you were not supposed to or mistakenly believed you had authorization.
For example, an employee might use a work computer to access the business’s financial accounts and transfer funds, believing their actions are authorized. However, if they allocate money in a way they were not supposed to, by mistake, their employer might accuse them of computer fraud or theft.
Even if critical mistakes occur, your actions might not constitute a crime if you did not intentionally or knowingly cause harm.
How Can Someone Be Charged with a Cyber Crime in Utah?
To develop the best possible defense strategy in your case, we need to fully understand why you are charged with a cyber crime.
Computer Hacking
Computer hacking generally refers to using a computer to access another computer or network without authorization. This might range from stealing usernames and passwords to more sophisticated acts of digital espionage and breaching cybersecurity.
Hacking may involve numerous offenses, including stealing personal information, stealing money, or damaging another network or system.
In some cases, hacking leads to real-world consequences. For example, someone might hack into a governmental database and tamper with records related to public infrastructure or public record-keeping.
Crimes of Fraud
Fraud is another offense that often occurs over the internet or via a computer. Many forms of computer fraud are familiar, as we encounter them regularly. People reaching out over the internet, claiming to be someone else, to get personal information they can steal, is common.
More sophisticated acts of fraud may involve hacking into a business’s network to access emails and obtain sensitive information that can be used to steal assets or ruin the business.
Interference with Critical Infrastructure
When a person accesses another computer, network, or database without authorization, they may cause serious harm to the programs and overall infrastructure of the network. This can be a serious problem for certain institutions that handle money and personal information, such as banks, because information about many people may be compromised. Today, we often refer to such occurrences as “data breaches.”
FAQs About Defending Against Charges for Cyber Crimes in Utah
Are Cyber Crimes Serious Criminal Charges?
Yes. Cyber crimes can range from somewhat minor offenses to serious criminal enterprises. Many cyber crimes may be charged as serious felonies that carry the risk of lengthy incarceration. If you are charged with such a crime, contact a defense lawyer immediately.
How Can You Fight Charges for Cyber Crimes in Utah?
You may fight charges for cyber crimes in numerous ways. Common elements of many cyber crimes involve fraud, hacking, and theft. If we can prove that these elements did not exist, or that you lacked any intent to commit a crime, we may be able to fight the charged. However, the best defense will depend on your specific charges and situation.
Can You Be Charged with a Cyber Crime if Your Actions Were Accidental?
It depends. Many cyber crimes require that the defendant know that their actions are unauthorized or illegal. It may be possible to “commit” a cyber crime without realizing it, such as by accessing a network at your place of employment under the mistaken belief that you had authorization. Even if the charges stick, you may have grounds for a strong defense if you lacked intent.
Can You Go to Jail if Convicted of a Cyber Crime in Utah?
Yes. Many cyber crimes are charged as serious felonies in Utah and carry the possibility of time in prison. How you are charged and the potential jail or prison time you face depend on the nature of the charges. For example, when cyber crimes involve fraud and theft, charges and penalties often depend on the value of whatever was allegedly stolen.
Will the Police Search Your Computer for Evidence of a Cyber Crime?
Probably. Cyber crimes can be committed from almost anywhere if the suspect has access to a computer of their own. If you are suspected of a cyber crime, the police will likely want to seize numerous electronics (e.g., phones, tablets, laptops) to determine if you used these devices to commit a crime. If anything is seized without a proper warrant, inform your lawyer immediately.
Ask Our Utah Cyber Crimes Attorneys for Legal Assistance Today
Ask our Salt Lake City criminal defense attorneys for a free, private legal assessment when you call Overson & Bugden at (801) 758-2287.
