WHAT ARE THE BEST DEFENSES AGAINST AN INTERNET FRAUD CHARGE?

WHAT ARE THE BEST DEFENSES AGAINST AN INTERNET FRAUD CHARGE?

What started as a convenient way to reach out and touch someone has morphed into the way we shop, bank, and follow the daily news. We’re talking about the Internet and the supersonic rate it has turned into the epicenter of our personal and professional worlds. With the rapid rise in the use of the Internet has come another rising trend that rears the Internet’s ugly underbelly.

Internet fraud, which is also referred to as cybercrime, is a major problem in the State of California.

What is Internet Fraud?

According to the FBI, Internet fraud represents a cybercrime that involves accessing computer software and/or Internet services to defraud unsuspecting victims or to leverage stolen information to take advantage of them. Brazen email scams originating in Nigeria has transformed into often vicious crimes that steal hundreds of millions of dollars from victims every year. With each passing year, new Internet scams and cybercrimes come to the attention of the law enforcement agencies that are responsible for creating and enforcing Internet fraud laws.

What are the Most Common Types of Internet Fraud Crimes in California?

As the technology capital of the world, California is home to Internet technology companies such as Apple, Facebook, and Google. Silicon Valley leads the world in developing highly innovative technology that criminals access to commit Internet fraud crimes.

Here are the most common types of cybercrimes in the United States:

  • Identity theft
  • Phishing
  • Hacking
  • Tax refund embezzlement
  • Stealing classified data
  • Stealing intellectual property

If you face one or more Internet fraud charges, you should learn how a California criminal defense lawyer like Dan E. Chambers can defend you against the charges.

How Can a Criminal Defense Attorney Defend a Client Against an Internet Fraud Charge?

The underlying legal principle of “Beyond a reasonable doubt” means every juror reviewing a case of Internet fraud must be 100 percent convinced the defendant is guilty of the charge or charges. Emphasizing the legal principle of “Beyond a reasonable doubt” is crucial when using one of the following criminal defenses for an Internet fraud charge.

Good Faith

Also known as the “Lack of intent” defense, good faith makes the argument the defendant attempted to follow the law, but the defendant still committed a minimum of one Internet fraud crime. The good faith case is effective when a defendant submits inaccurate information online, while not knowing the information was inaccurate.

Violation of the 4th Amendment

One of the keys for the prosecution to win an Internet fraud case is to seize property like computers to submit as evidence during a trial. However, the 4th Amendment to the United States Constitution makes it illegal for law enforcement to seize property without first obtaining a valid search warrant. An illegal search and seizure is a powerful defense to use during an Intern fraud trial.

Someone Else Did It

There are several ways for a criminal to access your computer or electronic device to commit a cybercrime. One example is when you forget to log out at a library or another place that provides computing services. A criminal does not need your login information to commit cybercrimes. Another example is allowing someone you know to borrow a tablet or another mobile electronic device. The person using your device gains access to your login information to commit Internet fraud crimes.

California criminal defense attorney Dan E. Chambers sits down with clients for the first interview to learn as much as possible about an Internet fraud charge. Then, he reviews the case thoroughly to devise an effective defense. There is also the possibility that the statute of limitations has run out for an Internet fraud charge.

Schedule a free initial consultation today with the Chambers Law Firm by calling our office at 714-760-4088.

Call Us Today