Cybercrime Defense Lawyer in Overland Park

Home » Overland Park Criminal Defense Lawyers » Cybercrime Defense Lawyer in Overland Park

Cybercrime is a unique category of crime that relates to the use of technology to commit various offenses. If you are charged with a cybercrime, you could face both federal and state charges due to the interstate nature of internet communications.

If you have been charged with a cybercrime, the best response is a robust legal defense. Let the attorneys of Joseph, Hollander & Craft assist you. We are committed to developing a customized defense strategy aimed at achieving the optimal outcome in your case.

What Is Cybercrime?

“Cybercrime” is the umbrella term for any use of a computer or the internet to commit a crime. Cybercrime comes in different forms. Some of the more common examples include:

• Fraud: The use of computers, electronic mail, and other means to commit fraud is a growing phenomenon. A person may be charged with fraud if they use deceptive means to obtain money or property from another person.
• Identity theft: This is closely related to fraud and involves the use, obtaining, possessing, transferring, selling, or purchasing of someone’s identifying information with the intent to commit a fraudulent act. There is usually an element of financial loss associated with identity theft.
• Phishing: Phishing is an internet-related scam by which a person sends an email purporting to be from a well-known or trusted source. The email usually asks the recipient to respond with confidential information, which is then used to access the person’s financial accounts, open new accounts, and engage in other illicit activities. Resulting offenses may include identity theft or wire fraud.
• Child exploitation: The use of a computer to send, receive, create, produce, sell, or trade child pornography is punishable by state and federal law. So too is the possession of such content on computers and electronic networks.
• Online solicitation: Enticing a minor to engage in sexually explicit conduct – including the exchange of sexual images and videos – may be charged as electronic solicitation or soliciting illegal acts. Criminal statutes also prohibit online requests to meet a minor in person for a sexual act.
• Cyberbullying, threats, and harassment: Using a computer to attack other individuals, make threats, or harass them may be prohibited by statutes regarding stalking or more specific electronic harassment laws.

What Are the Potential Legal Penalties of Cybercrime in Overland Park?

The potential penalties for cybercrime in Kansas depend on the nature of the offense, the harm that results. For example:

Identify Fraud and Identity Theft are Kansas state felonies defined at K.S.A. 21-6107. They are level 8 felonies, except identify theft is a level 5 felony if it causes a loss in excess of $100,000. The applicable sentence will depend on the offender’s criminal history, but people with 1 or fewer person felonies will be subject to a presumptive probation sentence for a level 8 crime. All level 5 felonies carry a presumptive imprisonment sentence, although individuals with no prior felony convictions are eligible for an optional, non-prison sentence.

Electronic solicitation of a minor to submit to a sexual act is a crime under Kansas state law that is categorized as a level 3 felony when the victim is 14 or older and a level 1 felony when the victim is younger than 14. Both are presumptive imprisonment offenses, with the recommended prison sentences ranging from 55-653 months depending on the defendant’s criminal history.

The Federal and State Cybercrime Overlap

Since cybercrimes involve the use of computers and internet networks, they are often, by nature, interstate and international in scope. This gives the federal government jurisdiction to prosecute offenses in federal court. If the victim of a cyberattack is a U.S. government agency, a bank, or critical infrastructure, this could also lead to federal charges.

States can also charge individuals with criminal offenses. For example, if the target of an attack is a state government or a local business database, the defendant may be brought up on charges in a Kansas state court. It is important to have legal counsel who understands both the state and federal implications of a cybercrime and who is ready to defend you, no matter the nature of the charges against you.

Possible Defenses for Overland Park Cybercrime Charges

A criminal defense attorney will assist by reviewing the charges against you, considering the prosecution’s evidence, and developing a legal strategy that is customized to your individual situation. Potential defenses may include:

• Lack of intent: Cybercrime statutes generally require knowledge or intent, which means that a lack of either could shift the case in your favor.
• Evidentiary problems: Issues with the government’s evidence against you could also help your case. Some examples include insufficient, illegally obtained, unreliable, or otherwise weak evidence.
• Alibi: Just because a crime involved your computer or electronic device (e.g., a smartphone) does not mean you committed it. If you were away from your device when the crime happened, this could be a valid alibi.
• Free speech: Cybercrimes that involve communications have free speech implications. Drawing the line between protected speech and criminal conduct is challenging, so let an attorney help you.

Developing a strong defense to cybercrime often requires input from forensics experts. Digital forensics is the examination of computers and cyberspace to look for evidence of a crime. The government is likely to retain its own experts to attempt to prove that you committed a crime, so you should talk to your lawyer about how a forensic specialist can help your defense.

Our Commitment to Your Legal Rights

Cybercrimes are complicated, so you should speak with a dedicated defense attorney as early as possible. Contact Joseph, Hollander & Craft to learn more about how we can represent you.

Our office is at 10104 W 105th Street in Overland Park. We also have offices in Kansas City, Lawrence, Topeka, and Wichita.