Las Vegas Federal Computer Hacking Defense Lawyer
Computer hacking is a federal offense that involves unauthorized access to computers or computer systems, typically to steal information, disrupt services, or commit fraud. Charged under 18 U.S.C. § 1030, also known as the Computer Fraud and Abuse Act (CFAA), hacking offenses encompass a wide range of cybercrimes, from breaking into private networks to launching large-scale attacks on government or corporate systems. The penalties for computer hacking can be severe, especially when sensitive information, financial data, or national security is compromised.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has extensive experience defending individuals and organizations facing federal hacking charges. With cybercrime on the rise and federal authorities prioritizing these cases, it is crucial to have a skilled defense attorney who understands the complexities of computer crimes and can build a strong case to protect your rights.
What Is Computer Hacking?
Computer hacking, as defined under 18 U.S.C. § 1030, involves gaining unauthorized access to computers or networks, often to steal sensitive information, disrupt services, or engage in other criminal activities. The Computer Fraud and Abuse Act (CFAA) covers a wide range of activities related to hacking and unauthorized computer access, including:
Unauthorized Access: Gaining access to a computer or network without permission. This can include breaking through security measures, such as passwords or encryption, to obtain sensitive information.
Intent to Defraud: Accessing a computer with the intent to defraud or steal data, money, or other resources. Many hacking cases involve attempts to gain access to financial information, trade secrets, or personal data.
Damaging Computer Systems: Intentionally causing damage to a computer system, such as installing viruses, malware, or launching denial-of-service (DoS) attacks, which can disrupt services or destroy data.
Accessing Government or Military Systems: Hacking into government or military computer systems is prosecuted as a federal offense under 18 U.S.C. § 1030(a)(1). These cases are often treated as national security threats and carry the most severe penalties.
The CFAA applies to any computer or network that is part of interstate or international commerce, which essentially covers any device connected to the internet. Computer hacking charges are often prosecuted in conjunction with other offenses, such as wire fraud (18 U.S.C. § 1343) or identity theft (18 U.S.C. § 1028).
Case Law and Legal Precedents for Computer Hacking
Several important court cases have shaped how the Computer Fraud and Abuse Act (CFAA) is applied in federal hacking prosecutions. In Van Buren v. United States, 593 U.S. ___ (2021), the Supreme Court ruled that accessing information on a computer system that the user is authorized to access, even if for an improper purpose, does not violate the CFAA. This decision narrowed the scope of the CFAA and established that merely exceeding authorized access is not enough to constitute a violation unless it involves accessing areas of the system the user was not permitted to access.
In United States v. Morris, 928 F.2d 504 (2d Cir. 1991), the court upheld the conviction of Robert Tappan Morris for releasing the first widely known internet worm, which caused widespread damage to computer systems. This case set an early precedent for prosecuting hackers who damage computer systems under the CFAA.
Another key case is United States v. Swartz, 945 F. Supp. 2d 216 (D. Mass. 2013), which involved activist Aaron Swartz, who was charged under the CFAA for allegedly downloading large amounts of academic journal articles from a university database without authorization. Swartz's prosecution sparked debate over the scope of the CFAA and its application to individuals engaged in civil disobedience or data liberation efforts.
Penalties for Computer Hacking
Computer hacking is a felony offense under the Computer Fraud and Abuse Act (CFAA), and the penalties can be severe, particularly when the hacking results in significant financial losses, data breaches, or damage to critical infrastructure. The penalties for computer hacking under 18 U.S.C. § 1030 include:
Fines: Individuals convicted of computer hacking can face substantial fines, which may range from thousands to millions of dollars, depending on the severity of the offense and the damage caused.
Imprisonment: The statutory maximum penalty for computer hacking varies depending on the specific offense. For unauthorized access to a computer system, the maximum sentence is generally five years in federal prison. However, hacking offenses involving national security or critical infrastructure can carry sentences of up to 20 years or more.
Restitution: Defendants convicted of computer hacking are often required to pay restitution to the victims, including companies, government agencies, or individuals affected by the attack. This can involve compensating victims for financial losses, repairing damage to computer systems, or reimbursing for the cost of recovering stolen data.
Forfeiture: In some cases, individuals convicted of hacking may be required to forfeit property or assets obtained through illegal hacking activities.
The U.S. Sentencing Guidelines provide an advisory range for sentencing in computer hacking cases, considering factors such as the extent of the damage caused, the defendant's role in the hacking operation, and any prior criminal history. Federal judges generally follow these guidelines but retain discretion to impose sentences based on the specifics of the case.
Federal Investigations and Computer Hacking Charges
Computer hacking cases are often investigated by federal agencies such as the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS), which have specialized cybercrime units dedicated to tracking and prosecuting hackers. These investigations frequently involve forensic analysis of computers, servers, and networks to trace the source of the unauthorized access or attacks.
Investigations into computer hacking can also involve undercover operations, sting operations, and collaboration with international law enforcement agencies, particularly in cases involving large-scale cyberattacks or hacking that crosses national borders. If you are under investigation for hacking, it is essential to seek legal representation as soon as possible to ensure that your rights are protected during the investigation.
Defenses Against Computer Hacking Charges
At Hofland & Tomsheck, we take an aggressive approach to defending clients against computer hacking charges, analyzing every aspect of the case to identify weaknesses in the government's evidence and build a strong defense. Common defenses against hacking charges include:
Lack of Intent: One of the key elements of hacking under the CFAA is intent. If the defendant did not intend to cause harm or commit fraud, this can serve as a defense. For example, if the defendant accessed a system out of curiosity without causing damage, the charges may be reduced or dismissed.
Authorization: In some cases, the defendant may have been authorized to access the computer system or data in question. If the defendant had permission to access the system, either from the system owner or as part of their job, this can be used as a defense.
Unlawful Search and Seizure: If law enforcement officers obtained evidence through an illegal search or seizure, such as accessing the defendant's computer without a warrant, we can file a motion to suppress the evidence, potentially leading to the dismissal of the charges.
No Damage or Harm: The penalties for hacking are often based on the damage caused by the hacking activities. If we can demonstrate that the hacking did not result in significant harm or financial loss, this can be used to argue for reduced penalties or dismissal of the charges.
Sentencing Guidelines for Computer Hacking
Federal sentencing for computer hacking is governed by the U.S. Sentencing Guidelines, which outline the advisory sentencing range based on several factors:
Extent of the Damage: Larger-scale hacks that cause significant financial losses or disrupt critical infrastructure generally result in harsher penalties.
Role in the Offense: Defendants who play a leadership role in organizing or directing the hacking operation may face enhanced penalties.
Involvement of National Security: Hacking cases involving government or military systems, or where national security is at risk, typically result in enhanced penalties, including longer prison sentences.
Judges consider the guidelines when determining sentences but have discretion to impose sentences based on the circumstances of the case. In large-scale hacking cases or cases involving repeat offenders, sentences can be significantly enhanced.
Why Choose Josh Tomsheck for Your Computer Hacking Defense
Computer hacking cases are complex and often involve highly technical evidence, making it critical to have an experienced defense attorney who understands both federal law and the nuances of cybercrime. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a proven track record of defending clients against serious federal charges, including computer hacking.
As a former prosecutor, Josh knows how the government builds its case and can anticipate the prosecution's strategies. He develops tailored defense strategies designed to challenge the government's evidence, discredit expert witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized, aggressive defense for clients facing federal hacking charges.
Schedule Your Free, Confidential Consultation Today
If you are facing federal computer hacking charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal computer hacking charges.
