Punta Gorda Cybercrime Defense Lawyers
At Foley & Wilson Law Firm, we understand the complexities and serious implications of cybercrime allegations. As a premier Punta Gorda criminal defense law firm, we bring over 45 years of combined experience as former federal prosecutors and federal special agents in charge of cybercrime investigations to provide top-tier legal representation in this complex area of the law. Our commitment to treating clients with dignity and respect, combined with our meticulous approach to each case, ensures that you receive the highest level of professional defense. Contact our experienced Punta Gorda cybercrime defense lawyers today.
Understanding Federal Cybercrime Laws
Cybercrimes are prosecuted under various federal statutes designed to address illegal activities conducted via the internet and other digital means. These laws are stringent, and the penalties can be severe, including long-term imprisonment, substantial fines, and a permanent criminal record. Federal prosecutors must prove specific elements beyond a reasonable doubt to secure a conviction for cybercrimes. Here, we explore some of the key federal cybercrimes and the legal strategies we employ to defend against these serious charges.
Identity Theft
Identity theft involves the unauthorized acquisition and use of someone else’s personal information, such as Social Security numbers, credit card details, or other identifying information, to commit fraud. Under federal law, to convict someone of identity theft, the prosecution must prove:
- The defendant knowingly transferred, possessed, or used, without lawful authority, a means of identification of another person.
- The defendant did so with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law or that constitutes a felony under any applicable state or local law.
Convictions for federal identity theft can result in up to 15 years in prison, hefty fines, and restitution to the victims. Several possible defenses may exist, however, including lack of intent to commit fraud, mistaken identity or false accusations, or insufficient evidence to prove unauthorized use, just to name a few.
Solicitation of Prostitution
Solicitation of prostitution over the internet involves using digital means to arrange or engage in sexual services in exchange for compensation. Federal law targets those who knowingly use the internet to promote, facilitate, or solicit prostitution.
Convictions can lead to imprisonment, fines, and mandatory registration as a sex offender. Common defenses include entrapment by law enforcement, lack of intent or knowledge, and violation of constitutional rights during the investigation.
Solicitation of a Minor
Solicitation of a minor over the internet entails communicating with someone believed to be underage with the intent to engage in sexual activity. The prosecution must demonstrate that:
- The defendant communicated with a minor or someone they believed to be a minor.
- The defendant had the intent to engage in illegal sexual activity.
Penalties can include lengthy prison sentences, severe fines, and mandatory registration as a sex offender. Defenses that may be available include lack of intent, the defendant was unaware of the minor’s age, and others.
Internet Lewdness
Internet lewdness involves the transmission of obscene materials or indecent exposure over the internet. The prosecution must show that the defendant knowingly distributed or displayed obscene material. Penalties range from imprisonment to significant fines and mandatory sex offender registration. Defenses include arguing that the material is not legally obscene, lack of intent to distribute obscene material, or arguments that the arrest is a violation of free speech rights under the First Amendment.
Possession or Distribution of Child Pornography
Possession or distribution of child pornography involves the unlawful handling of sexually explicit material depicting minors. To secure a conviction, the prosecution must prove:
- The defendant knowingly possessed or distributed material depicting minors in sexually explicit conduct.
- The material meets the legal definition of child pornography.
Convictions can lead to severe prison sentences, extensive fines, and mandatory registration as a sex offender. Common defenses can include lack of knowledge about the material, showing that the material does not meet the legal definition of child pornography. or arguing illegal search and seizure in violation of the Fourth Amendment.
Why Choose Foley & Wilson Law Firm
Facing federal cybercrime charges is an intimidating and often overwhelming experience. At Foley & Wilson Law Firm, our extensive background as former federal prosecutors provides us with unique insights into the prosecution’s strategies, enabling us to craft robust defenses tailored to each client’s situation. We are dedicated to protecting your rights, your reputation, and your future in Punta Gorda and beyond.
Contact us today for a confidential consultation. Let us bring our expertise, professionalism, and unwavering commitment to your defense in the face of serious cybercrime allegations.
