Cyber crime charges often arrive seemingly out of nowhere, but by the time you know what’s happening, investigators and law enforcement have likely been building their case for a long time. Georgia law treats computer offenses seriously, and charges like computer trespass, identity fraud, or unlawful access can carry felony exposure. Our firm defends people in Peachtree Corners and throughout Gwinnett County against state and federal cyber charges, and the earlier we get involved, the more options you have. Call our Peachtree Corners criminal defense lawyer today to schedule your consultation.
Why Gonzalez Torres Law Is a Strong Choice for Cyber Crime Defense
Cyber crime allegations require a defense lawyer who is comfortable reviewing technical evidence. Gonzalez Torres Law approaches these cases with the skill and patience they demand. Here is what we offer:
- Recognition from The National Trial Lawyers as a Top 40 Under 40 attorney, an honor reserved for a small group of trial lawyers nationwide
- Two decades of defense experience
- Thorough investigation and handling of every aspect of your case
We know an accusation is not proof, and digital evidence can be open to different interpretations, which makes forensic review important.
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Cyber Crime Charges in Georgia
Most computer offenses in Georgia are charged under the Georgia Computer Systems Protection Act, O.C.G.A. § 16-9-93, which breaks the conduct into different crimes. Computer theft covers using a computer to take someone else’s money, data, or property, including confidential business information. Computer trespass applies when someone knowingly accesses a system without permission and deletes, changes, or damages data, and it can include things like spreading a virus.
The statute also makes it a crime to snoop through another person’s financial, medical, or employment records without authorization, to falsify electronic records in ways that would amount to forgery on paper, and to hand out someone else’s passwords or access codes without the owner’s consent.
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What Evidence Can Be Used in a Cyber Crime Investigation?
Almost anything with a digital footprint can end up being used in a cyber crimes case. Investigators typically rely on:
- IP address records and internet service provider logs tying online activity to a physical location
- Forensic images of seized computers, phones, and hard drives, including deleted files investigators recover
- Emails, messages, and social media activity obtained through subpoenas or warrants to the platforms
- Server access logs showing when accounts were entered and what was viewed or changed
- Financial records, when the allegation involves fraud or theft
- Browser history, search records, and file metadata
Depending on the situation, prosecutors may also use testimony from cooperating witnesses.
What Are the Potential Penalties for Cyber Crimes in Georgia?
Computer theft, computer trespass, computer invasion of privacy, and computer forgery are punishable by up to 15 years in prison, a fine of up to $50,000, or both. Computer password disclosure is punishable by up to one year in jail, a fine of up to $5,000, or both. If a case becomes federal, convictions may bring harsher sentences.
What Defenses May Apply to Cyber Crime Charges?
Several defenses are used often for these cases, but the right one for you depends on the specific facts of the case. Options may include:
- Permission: Most computer offenses require access “without authority.” When an employee, contractor, or family member had some level of legitimate access, there may be an argument over this element of the charge.
- Not you: The state has to connect a person to the offense, not just a device, especially if multiple people have access to the device that was allegedly used in the crime. This can create an argument about who really committed the conduct in question.
- The search was illegal: Police generally need a warrant to search a phone, and similar protections apply to computers. Evidence that was obtained unlawfully can be suppressed, which could weaken the prosecution’s case or affect what evidence can be used.
Your lawyer will review the case and determine which defense makes the most sense.
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Contact a Peachtree Corners Cyber Crimes Lawyer Today
If agents have contacted you, seized your devices, or asked you to come in for an interview, do not try to explain your way out of it. Anything you say becomes part of the case against you, and even something you say that sounds innocent in your head could potentially harm your defense. Call our office for a confidential consultation. We can handle conversations with law enforcement and make sure we’re with you if you’re being interviewed. Reach out whenever you’re ready.