If you or a loved one stands accused of a computer crime, you should have representation from an experienced defense attorney. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we can employ on your behalf.
Our firm’s top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
In Colorado, computer crime generally occurs when a person knowingly accesses a computer, a computer network, a computer system or any part thereof without authorization or in excess of his or her authorization.
Possible Consequences For Computer Crime
The level of offense for computer crimes ranges from a midlevel misdemeanor to a class 3 felony depending on the purpose for which unauthorized access was gained and the amount of the resulting damage. A conviction for computer crime as a class 3 felony may result in the following sentencing options to include: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the Department of Corrections of four to 12 years, but as much as 24 years if the court finds the presence of exceptional circumstances, with a mandatory parole period of five years.
Possible Defenses For Computer Crime
The general approach to defending computer crime is from a forensic standpoint. We may call on computer scientists to analyze whether sufficient proof exists to actually implicate the defendant. At most, an internet protocol (“IP”) address may register to a particular computer, but without more, any number of people may have had access to that computer or the router and modem that connects that computer to the internet. These days, many people enjoy internet access through an unsecured wireless connection. That means that if you are the target of a computer crime investigation or charges, you may be able to demonstrate that your unsecured connection does not connect your computer’s IP address to you specifically.
The remaining defenses that may be applied in a second-degree murder case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced computer crime lawyer to defend you in a computer crime case in Evergreen, Jefferson County, or across Colorado.