Being accused of a cybercrime in Newark can be devastating. Many people commit crimes online without realizing they are doing anything illegal. Internet-related crimes can be vast, as the potential of computers has expanded and continues to grow. If you are being charged with a cybercrime, it is important to contact a Newark cybercrime lawyer today.
At Tim Anderson Law, we put our clients first and will work hard to create a legal defense to protect you from the accusation of online crimes. We understand how New Jersey and federal laws treat internet-based criminal activity and how to seek the lightest possible sentence or have charges dismissed entirely.
New Jersey defines cybercrime as the use of computers, the internet, cell phones, or other modern technology to commit illegal acts. This includes accessing protected information without authorization, destroying data/systems, or altering data. Infractions that are considered cybercrime are:
On the federal level, the Computer Fraud and Abuse Act of 1986 criminalizes any unauthorized access, hacking, or data theft from unprotected computers. Penalties for violating federal law can range from fines to time in prison. There are also statutes to this law that cover cyberstalking, identity theft, and wire fraud.
New Jersey cybercrime laws make it illegal to alter data, access systems or data without authorization, or destroy or disrupt systems or data. Some additional acts and statutes target deepfakes using AI and data breaches. A Newark cybercrime lawyer can help you understand the charges being brought against you and help build a defense strategy that will help minimize your penalties or have your case thrown out.
When cybercrime occurs, it involves coordination between state and federal agencies and advanced technology to investigate the crime. As a cybercrime lawyer, it is important to us that your rights are not violated at any stage of the investigative process. Some investigative techniques law enforcement may use are:
It can be a very complex process to collect digital evidence, and even the smallest detail can make a huge difference in the evidence’s validity and whether it can be used in court. When crafting a defense strategy against cybercrime charges, your attorney will consider the laws against cybercrime, the technical aspects of the crime, and how evidence was collected. Some common defenses include:
It is important that, if you are being charged with a cybercrime, you do not speak to investigators without your lawyer present and that your lawyer handles most of the communications. It is also incredibly important not to delete any files or data that are tied to the case, as you may be charged with destroying evidence. You should also avoid discussing the case online or sharing any details with anyone. Allow your lawyer to handle all communications surrounding your case.
New Jersey carries heavy penalties for cybercrime, with fines and prison time. Crimes are classified by degree based on their severity. Fourth-degree crimes carry fines of up to $10,000 and up to 18 months in prison. Third-degree crimes have fines up to $15,000 and three to five years in prison.
Second-degree crimes carry fines up to $150,000 and five to ten years in prison. First-degree crimes carry the highest fines, up to $200,000, and 10 to 20 years in prison.
The top three cybercrimes by number of complaints to the Federal Bureau of Investigation’s Internet Crime Complaint Center in 2024 were phishing, extortion, and personal data breaches. The losses from these crimes are incredible and affect many people throughout the country. The FBI established the Internet Crime Complaint Center in May 2000 and has received over 9 million complaints, encouraging victims of cyber-related crime to report it.
Proving a cybercrime requires collecting all digital evidence that ties a suspect to the act, including IP logs, emails, metadata, cloud storage reports, computers, and phones. This evidence must demonstrate intent and action. A strong defense against cybercrime charges involves proving that the user did not intend to commit the crime. Additionally, any information illegally obtained by law enforcement, such as without a search warrant, may be inadmissible in court.
A cybercrime lawyer in Newark, New Jersey can challenge all the evidence they have against you and build a defense against cybercrime charges law enforcement has against you, all while protecting your rights. Your attorney can guide you through the complex legal landscape of cybercrime law, assist you with investigations, negotiate with prosecutors, and seek to have evidence suppressed if it was illegally obtained by law enforcement.
Tim Anderson has been representing clients charged with cybercrimes for over 27 years. We are a boutique federal criminal defense firm. We are a boutique criminal defense firm that focuses on helping our clients at every stage, from the time charges are filed through trial. Our firm has been named “Super Lawyer” for criminal defense in New Jersey for the last 15 years because of our proven track record of case dismissals and negotiating lower penalties for our clients. Contact us today to schedule an initial consultation at our firm located in Red Bank, NJ.