Cape Coral Cybercrime Defense Lawyers
At Foley & Wilson Law Firm, our experienced legal team, including a former federal prosecutor and FBI Special Agent with over 45 years of legal experience in federal criminal law, is dedicated to upholding the highest standards of professional representation. A large part of our practice is devoted to defending clients charged with federal offenses, including a range of cybercrimes. Cybercrimes are complicated cases involving forensic evidence and the interpretation of complex federal statutes and case law. The penalties for conviction can be severe, so it’s essential to get skilled and qualified legal counsel on your side. In southwest Florida, contact the experienced Cape Coral cybercrime defense lawyers at Foley & Wilson Law Firm for help.
What Is Cybercrime?
Cybercrime refers to criminal activities that use the internet or other forms of digital communication to accomplish their purpose. As technology evolves, so do the types of cybercrimes, which are increasingly under the scrutiny of more than half a dozen federal law enforcement agencies, spearheaded by the FBO as the lead investigating agency. With a retired FBI Special Agent at the helm, the Foley & Wilson Law Firm is deeply familiar with the complexities of these crimes and the legal strategies necessary to defend against them. Some key federal cybercrimes are discussed below.
Identity Theft
Identity theft occurs when someone unlawfully obtains and uses another person’s personal data in a way that involves fraud or deception, typically for economic gain. Under federal law, the prosecution must prove that the defendant knowingly transferred, possessed, or used someone else’s identifying information without lawful authority. Potential penalties for identity theft can be severe, including substantial fines and imprisonment, depending on the severity of the crime.
Solicitation of Prostitution
Federal law addresses the solicitation of prostitution, particularly when it involves the use of the internet. To convict, it must be shown that the defendant used electronic communication to knowingly persuade, induce, entice, or coerce an individual to engage in prostitution. Conviction can lead to significant fines and prison terms, especially if the crime involves minors or crosses state lines.
Solicitation of a Minor
This crime involves using the internet to solicit or entice a minor for sexual purposes. The prosecution must establish that the defendant knowingly used the internet to communicate with a minor or someone believed to be a minor, with the intent of engaging in sexual activity. Convictions often result in severe penalties, including lengthy imprisonment and mandatory registration as a sex offender.
Internet Lewdness
Internet lewdness encompasses a range of behaviors, including transmitting lewd materials over the internet. The federal law requires proving that the accused intentionally distributed or displayed lewd and lascivious material online. Penalties can vary, but they typically involve fines and imprisonment, and the severity depends on the nature and circumstances of the crime.
Possession or Distribution of Child Pornography
Federal law strictly prohibits the possession, production, or distribution of child pornography. To convict, it must be proven that the defendant knowingly possessed, received, or distributed materials that depict minors engaged in sexually explicit conduct. Conviction results in severe penalties, including long-term imprisonment and lifetime registration as a sex offender.
Defenses Against Federal Cybercrime Charges in Cape Coral
The Foley & Wilson Law Firm is adept at navigating the complexities of federal cybercrime defense in Cape Coral. We understand what it takes to build a successful case as a prosecutor and how that case can be successfully challenged from the defense table. Common defenses to federal cybercrime charges include:
- Lack of Intent: Demonstrating that the defendant did not have the intent to commit a crime.
- Mistake of Fact: Arguing that the defendant was mistaken about a crucial fact, such as the age of a minor.
- Violation of Constitutional Rights: Challenging the legality of how evidence was obtained, possibly leading to its exclusion.
Our legal team’s unique experience as former federal prosecutors gives us an unparalleled understanding of the federal criminal justice system. We approach each case with the highest level of skill, professionalism, and respect for our clients, ensuring that your rights are vigorously defended at every turn.
Contact Foley & Wilson Law firm for Defending Against Cybercrime Charges in Cape Coral
If you or a loved one is facing federal cybercrime charges in Cape Coral, it is crucial to seek experienced legal counsel immediately. Contact Foley & Wilson Law Firm for a no-cost consultation to discuss your case and learn how we can provide the robust defense you deserve.