Call Us Now
Email Us Now
Providing Representation for Cyber Crime Charges in Ohio
Technology-based crimes have become prevalent in our digital world. Cyber crime, also known as internet crime, is continually being investigated by state and federal agencies, such as the FBI. The government has also become more aggressive in prosecuting cyber crimes, and defendants face the potential of serious penalties if convicted. When you’re facing criminal charges related to internet or computer crimes, you need an experienced cyber crime defense lawyer to help you understand what’s happening and what your options are.
At HMW Law, we have handled thousands of criminal cases over our more than 75 collective years, including cyber crime cases. With our knowledge and experience, we can fight for the strongest possible outcome for your case. Call our Cleveland office today to speak to a member of our team to learn more about these charges and how our firm can help.
What Is Cyber Crime?
Cyber crimes, also sometimes referred to as computer crimes, are crimes that are committed through the use of computer systems or the internet. Today, many cyber crimes involve devices other than computers, such as smartphones or tablets. In Ohio, many cyber crimes are classified in the Ohio Revised Code as telecommunications fraud or telecommunications harassment.
Criminal charges related to cyber crimes typically fall into one of three categories: fraud/theft, harassment/stalking, or internet sex crimes. It’s important to note that Ohio law does not require someone accused of a cyber crime to have been successful. For example, if someone attempts to gain access to personal information through a phishing attack, the person can be arrested and prosecuted even if they were not able to access any of that information.
Examples of Cyber Crimes We Handle
When you’re facing serious criminal charges, you need an attorney who has experience with your case type and a strong track record of positive outcomes. And that’s exactly what our clients get at HMW Law. Some examples of cyber crimes our attorneys are equipped to handle include:
- Computer fraud
- Computer intrusion (such as hacking)
- Credit card fraud
- Cyber-based terrorism
- Cyber bullying
- Cyber espionage
- Digital piracy
- Doxxing
- E-commerce fraud
- Email scam
- Identity theft
- Internet fraud
- Internet sex crimes, including child pornography, solicitation of minors, etc.
- Investment fraud
- Online auction fraud
- Online banking fraud
- Online stalking
- Phishing attacks
If you’ve been charged with any of the above crimes, or believe you may be under investigation for them, contact our firm as soon as possible. We believe that every person is entitled to aggressive defense representation no matter the charges, and we’re here to help you navigate this process while protecting your rights and freedom.
What Evidence Is Used in Cyber Crime Cases?
Investigators generally find their evidence and grounds for arrest and prosecution of cyber crimes through computer evidence. If there is probable cause, officers can get a search warrant to seize your computer system and any other devices, such as your phone, to perform a forensic investigation. Through this process, investigators will look for evidence of illegal activities.
Investigators are likely to look at:
- IP address information, including where the device was located when the alleged crimes occurred
- Email and other communication records, including metadata that indicates the IP address and location
- Online messages and chat logs, including those that may need to be subpoenaed from a phone company or app
- Web browser history, including cookies, cached files, downloads, and uploads
- Social media activity, including activity on private or anonymous accounts
- Network logs, such as those indicating a VPN was used
- Financial records when the criminal charges relate to some type of fraud
Keep in mind that computer forensics teams are able to look beyond what a layperson would see on a device. They can sometimes recover deleted files, including text messages, pictures, and your web browser history, and they can often get data off of seemingly destroyed devices, such as those that have been put in water or smashed. While it can be tempting to try to erase or destroy incriminating evidence from your devices, this is never a good idea. It’s very likely that the forensics team will still be able to recover evidence, and indications that someone attempted to destroy or remove evidence can result in additional charges.
The prosecution team will also likely rely on expert witness testimony and more traditional evidence, such as video footage that places the defendant in a certain place or time. All of this evidence will be shared with the defense team through the process of discovery so your attorney can choose the right defense strategy for your case.
Are Cyber Crimes Misdemeanors or Felonies?
In Ohio, internet crimes are divided into misdemeanor cyber crime and felony cyber crime. The exact type of charge depends on the attempted crime itself, whether it was successful, and what damage the alleged victim may have incurred as a result.
For example, a first offense for cyber harassment or cyber stalking is generally charged as a first-degree misdemeanor. The unauthorized use of computer property is charged as a fifth-degree felony. Serious financial crimes involving fraud, such as online banking fraud, can be higher degree felonies. If the crime involved a value of $150,000 to $999,999, it’s a second-degree felony. A crime involving $1,000,000 or more is a first-degree felony.
Understanding the nature of your charges is critical to your defense. Your attorney will discuss with you whether you’re being charged with a misdemeanor or felony and what that means for your defense options.
What Are the Possible Penalties for Cyber Crimes?
In Ohio, the penalties for being convicted of a cyber crime include being sentenced to jail or prison, being ordered to pay fines, and being ordered to pay restitution to the victims. How long you could be incarcerated and how much the fines are depend on the severity of the crime.
Potential penalties by degree include:
- First-degree misdemeanor: 6 months in jail and a fine of up to $1,000
- Fifth-degree felony: up to 12 months in prison and a fine of up to $2,500
- Fourth-degree felony: up to 18 months in prison and a fine of up to $5,000
- Third-degree felony: up to 3 years in prison and a fine of up to $10,000
- Second-degree felony: up to 8 years in prison and a fine of up to $15,000
- First-degree felony: Up to 11 years in prison and a fine of up to $20,000
If the cyber crime conviction is related to a sex charge, such as distributing child pornography, the person may also be required to be on the sex offender registry or be barred from using computers or social media as part of their sentence.
Get Help From Our Award-Winning Legal Counsel
Our attorneys are members of the Ohio Association of Criminal Defense Lawyers and the Criminal Trial Lawyers Association. We have also received a distinguished award from the Order of Barristers — a national honor recognizing excellence in trial advocacy. Whether paid or serving pro bono, we are passionate about every client and every case that we take on.
Our team’s focus is on defending our clients and investing our time and efforts into each specific case. It is our passion to serve each client with the most knowledgeable, organized, and aggressive representation possible.
Protect Your Future With HMW Law
If you have been arrested for a cyber crime, you need a Cleveland internet crimes attorney to represent you as soon as possible. We are here to help. We are ready and eager to investigate every detail of your case, develop a comprehensive defense strategy, and represent you in and out of the courtroom. While preparing for your cyber crime case, we aim to exhaust every resource we have available to us, including some of the most respected technology experts in the field.
Schedule an appointment to speak to an experienced criminal defense attorney about your case when you call our office at 216-369-1352.