Santa Rosa Cyber Crime Defense Attorney
Defining a Cyber Crime
A cyber crime constitutes as any crime committed on the internet, encompassing a serious of offenses which range from hacking, to identity theft, to stalking and child pornography . While some cyber crimes can be prosecuted under California law in state courts, others are considered federal crimes. As a Santa Rosa criminal defense lawyer , I have plenty of experience representing clients that face serious penalties if convicted.
Cyber Crime Penalties in California
Cyber crime convictions are associated with severe penalties, including imprisonment and expensive fines. Federally charged cyber crimes are prosecuted by the United States Attorney General.
The following are the common types of cyber crimes and their correlating penalties:
- Comprehensive Computer Data Access and Fraud Act (CPC 502(c)) – breaking into computer systems to obtain and alter information
- Misdemeanor charges can result in one year in county jail and a fine of up to $5,000
- Felony charges can result in three years in a state prison and a fine of up to $10,000
- Internet Child Pornography (CPC 311) – producing, distributing, preparing, publishing, developing or duplicating images and videos of minors engaged in sexual activity
- Misdemeanor charges can result in one year in county jail and a fine of up to $2,500
- Felony charges can result in a maximum prison sentence of eight years and fine of up to $100,000
- Cyberstalking (CPC 649.9) – stalking another individual via a computer, includes sending undesirable e-mails to victim, spreading damaging rumors on the internet or posting material to scare the victim.
- Misdemeanor charges can result in a one year jail sentence and a fine of up to $1,000
- Felony charges can result in a prison sentence between 16 months and five years, as well as a fine of up to $1,000
- Cyber Impersonation (CPC 528.5) – impersonating another individual on the internet without their consent to defraud, intimidate or harm another
- A misdemeanor punishable by a one year county jail sentence and a fine of up to $10,000
- Cyber Fraud/Identity Theft (CPC 530.5) – Acquiring or using another person’s identity on the internet for illegal purposes
- Misdemeanor charges can result in one year county jail sentence and a fine of up to $10,000
- Felony charges can result in a prison sentence between 16 months and three years, as well as a $10,000 fine
Experienced and Reliable Legal Representation
If you have been arrested for committing cyber crimes, I can conduct my own extensive investigation into your case and provide you with the solid defense you need to protect your rights. At The Law Office of Joe Bisbiglia, my firm possesses the comprehensive knowledge of the California and federal legal system related to internet crimes to help you pursue justice. With more than a decade of experience in the field of criminal defense and handling thousands of criminal cases, your case will be in safe hands with Attorney Bisbiglia.
I am innocent—do I still need a criminal defense attorney?Yes! If you have been arrested there is a chance you may be convicted, even if you truly did nothing wrong. Having a Santa Rosa criminal defense attorney from The Law Office of Joe Bisbiglia on your side can aggressively fight to protect you from false charges. An experienced attorney can make all the difference when standing up for you so your choice of representation is a very important one.
What is the difference between probation and parole?Parole takes place after a person has spent time in prison, whereas probation may be used as an actual alternative criminal sentence. Parole is usually used to monitor a person who has been released from jail. Probation is a criminal sentence for those convicted of lesser offenses.
How does the prosecution determine the charges I will face?The prosecution will look to convict you on charges they feel have sufficient evidence for a conviction. A case will typically be dropped if the prosecution feels that there is not enough evidence to reach a conviction. What constitutes enough evidence to the prosecutor is up to their discretion.
What is a grand jury?Grand juries are made up of individuals used to determine if enough evidence exists in order to take a case to trial. A grand jury will use witness testimony, documentation, and other evidence in reaching its determination. The grand jury will decide whether the case will go to trial in the end.
Will I be arrested for refusing to give police a statement?Exercising you right to silence cannot be used against you. You are protected from testifying against yourself by the Fifth Amendment. If a police officer is trying to intimidate you into giving a statement, get in touch with a criminal defense attorney immediately.
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From the moment I contacted his office, I received timely, courteous and personal replies concerning every aspect of my DUI case. I was made to feel like a unique individual, not a faceless entity or case number.- Joanna M.
I got DUI in Santa Rosa and was recommended to use Joe. He gave a Flat fee of 2000 which was awesome compared to other lawyers who said a variable between 3500-5000.- Rebecca K.
Feeling hopeless and lost, Joe brought comfort for me and my family throughout our process of our business relationship. He kept us informed and was a beyond exemplary. Joe really knows his craft and also has a heart to boot.- Gwenell S.
His professionalism in representing me in my own personal case helped me during a time of turmoil and confusion. He truly cares about what he does and was dedicated to making sure any and all questions I had were answered in a timely manner.- Ishii A.
Joe works miracles literally my fiancé was for sure on his way to prison and he got him out of a prison twice!- Ashley O.
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He is a great lawyer. Stayed communicated. He cares his human and not out just for the money.- Sandra