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What Defenses Are Effective in a Cybercrime Case?

While technology has revolutionized the average person’s daily life, there are some risks that it brings as well. Cybercrime is an issue around the United States and the world. Scams, stolen information, and fraud occur every day. A conviction can result in harsh penalties. For assistance with your cybercrime case, speak with an experienced Upper Peninsula criminal defense lawyer today.

What Are Cybercrimes?

Cybercrime is any criminal activity that uses or targets a computer or network. The term can encompass any illegal act relating to the use of digital technology and can target an individual, corporation, government, etc. The types of crimes that are committed are nothing new, but they are especially dangerous because the use of technology makes it easier to commit the crime and hide it.

The following are some examples of cybercrimes that you can be charged with in Michigan.

  • Fraudulent access to a computer or network
  • Deployment of ransomware attacks
  • Data breaches
  • Phishing scams
  • Harassment, stalking, or bullying
  • Identify theft
  • Credit card fraud
  • Eavesdropping
  • Solicitation of prostitution
  • Various crimes involving a child, e.g. distribution or possession of child pornography

What Defenses Can I Use When Dealing With Cybercrime Cases?

When you are charged with a cybercrime, formulating a solid defense is the most important thing you and your attorney can do. You need the assistance of an experienced lawyer who understands the law and how to create a strong argument on your behalf. You and your lawyer may reference the following when deciding what defense works best for your situation.

  • Insufficient evidence: The prosecution bears the burden of proving your guilt. They may not have strong evidence that you committed the crime. Your attorney can evaluate the argument being made against you and poke holes in their case.
  • Authorization: This could be an effective defense if you are being charged with fraudulent access to a computer or network. If you can prove that you did have permission to access the information your charge could be dismissed.
  • Mistaken identity: It is possible that you were wrongfully identified as the culprit. If you are innocent and are being falsely accused you can have your charges dropped.
  • Lack of intent: A major part of a conviction is the intent of the perpetrator. If you accidentally gained access to a network or deployed malware without knowing the harm it would cause you could argue that you did not intend to do any damage.
  • Unlawful search and seizure: Under the Fourth Amendment, United States citizens are protected from unreasonable searches and seizures. If law enforcement illegally took possession of and examined your computer or other property without a proper warrant, any information or evidence they may have obtained from it could be deemed unusable.
  • Entrapment: You may have been coerced into committing the crime by a law enforcement officer for a variety of reasons. If you can prove that the motivation for you committing the crime was due to pressure from a law enforcement officer or other government agent it could have an impact on your case.
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