With the increase in dependence on computers and the internet in our society, cybercrimes have become more common. Critically, Oklahoma has expanded its statutes and implemented new laws to address these types of crimes — and both the state and federal government punish these offenses harshly. If you are facing cybercrime charges, it’s vital to have a skillful criminal defense attorney by your side who can develop a strong strategy to fight the charges against you.
What is Cybercrime?
Under Oklahoma law, a cybercrime is any criminal act that is carried out using a computer, the internet, mobile phone, or another technological device. These offenses can be committed against individuals or groups with the intention of causing them physical or mental harm, either directly or indirectly. There are a wide range of offenses that fall under the category of cybercrimes — and depending on the circumstances, a cybercrime may be prosecuted as either a state or federal offense.
Common cybercrime charges can involve:
- Internet fraud
- Advertising and “click” fraud
- Phishing and hacking
- Identity theft
- Internet harassment and stalking
- Counterfeiting
- Online gambling
- DNS hijacking
- Cyber terrorism
- Ransomware
- Cyberbullying
- Extortion
- Exploitation
- Bank fraud
- Copyright violations
Notably, the Oklahoma Computer Crimes Act addresses many types of cybercrimes. Under the statute, these offenses are willful, and they may be charged as either a misdemeanor or felony, based on the facts of the case.
What are the Penalties for Cybercrime in Oklahoma?
The penalties for a cybercrime conviction in Oklahoma can vary based on the specific offense and the statute under which it is prosecuted. For instance, if you are found guilty of a felony under the Oklahoma Computer Crimes Act, the monetary fines imposed can range from $5,000 to $100,000 — and you could face a prison term of up to ten years. For a misdemeanor conviction under the Act, punishment can include a fine up to $5,000 and up to 30 days in jail. In addition to the criminal consequences, a person found guilty of a cybercrime could also face a separate civil action.
Defense Strategies Used in Cybercrime Cases
Digital evidence is key in cybercrime cases. Common defense strategies can include attacking the reliability of the evidence or its chain of custody. For example, your attorney might be able to establish that there was an inconsistency in the way the evidence was collected, stored, preserved, or labeled. If there is a question regarding the integrity of a piece of evidence, the judge may render it inadmissible at trial.
Other defense strategies that can be used to cast reasonable doubt in a cybercrime case are as follows:
- Lack of intent — Willfulness is a required element of most cybercrimes. If you can show that you did not have the intent to commit the crime, you may be able to undermine the prosecution’s case.
- Consent — If the cybercrime charges have to do with unauthorized access into a computer system, you may be able to challenge the prosecution’s case by establishing that you had permission to do so.
- Forensic flaws — While forensic experts will try to find evidence of the alleged crime on a computer and in cyberspace, you may weaken the state’s case against you by demonstrating any forensic flaws.
- Mistaken identity — In the event that multiple people had access to the computer or network that was used to carry out the crime, you may be able to raise the defense of mistaken identity or show you have an alibi.
- Duress — Duress is an affirmative defense that can be used if another person threatens you or a loved one with bodily harm, driving you to commit the crime.
- Entrapment — The affirmative defense of entrapment can be used if you can show that you only engaged in the criminal activity because a government agent induced you to do so.
- Constitutional violation — Cybercrime requires searching your computer, hard drive, or other devices. If law enforcement violated your Fourth Amendment right against illegal search and seizure, the evidence may be thrown out by the judge.
Importantly, the prosecution has a high burden of proof to meet — and the state must be able to prove each element of the cybercrime charges against you beyond a reasonable doubt to obtain a conviction. A knowledgeable criminal defense attorney will be able to evaluate the facts of your case, and the prosecution’s evidence, to craft a strategy that will obtain the best possible outcome.
Contact an Experienced Oklahoma Cybercrime Attorney
If you are facing charges for a cybercrime, or you are being investigated for one, it’s crucial to have an aggressive advocate to fight for your rights. With offices in Tulsa and Claremore, Titus Hillis Reynolds Love offers high quality legal services to clients who have been accused of cybercrimes throughout Oklahoma and work diligently to secure the best possible results in every case. Contact us online or call (918) 216-0892 to schedule a consultation.