Computer Crimes in Virginia
Virginia Beach Criminal Attorney
According to Virginia state law, it is illegal for individuals to knowingly trespass onto a computer network, use computers to invade another person’s privacy, or commit fraud. If you have been charged with a crime under The Computer Crimes Act, you should seek legal counsel immediately. At The Law Offices of Daniel J. Miller, we have extensive experience handling computer crimes cases; our Virginia Beach criminal attorney has over 25 years of experience defending the rights of clients in Virginia Beach and the surrounding areas.
What is The Virginia Computer Crimes Act?
The Virginia Computer Crimes Act is state legislation that lists various specific criminal offenses. Below are of the offenses included in the act.
- PII Theft – Using a computer to trick someone into giving you, his or her personal identifying information is considered illegal under the Computer Crimes Act.
- Spam – Sending unsolicited advertisements through email or other social platform to collect PPII.
- Computer Fraud – This is the act of using a computer to steal or embezzle money or other property. This could be using the phishing scams or other by other means of false pretenses.
- Harassment – Cyberbullying could also fit under this category. This includes the act of stalking, intimidating, or coercing a person through their computer.
- Invasion of Privacy – Gaining access to a computer network to review confidential files or other information.
Penalties for Computer Crimes
Computer crimes charges are considered a wobbler; meaning you could be a charged with a felony or a misdemeanor depending on circumstances of your arrest.
Misdemeanor Computer Crimes Charges
- If the value of property stolen or the services totaled less than $200, you could be charged with a class 1 misdemeanor.
- Computer trespassing is considered a Class 3 misdemeanor unless damages are more than $2,500, than it could be bumped up to a Class 1.
- You could be facing Class 1 misdemeanor charges if you are arrested under computer harassment charges.
Felony Computer Crimes Charges
- If the property value of the assets stolen in your computer fraud case are more than $200, you could be charged with a Class 5 felony.
- Computer trespassing with damages over $2,500 could be considered a Class 6 felony
Common Internet Crimes
- Phishing – This crime occurs when a person illegally accesses a computer without consent and proceeds to spam other individuals. Spamming can occur by sending multiple emails and then resending multiple commercial email messages in order to deceive recipients. A conviction for phishing can result in a maximum federal prison sentence of five years.
- Non-delivery of merchandise – This is a scheme typically linked to internet auction fraud, in which a seller on an online auction website accepts payment for an item but intentionally fails to ship it. If a perpetrator is caught, he/she faces a maximum federal prison sentence of 20 years.
- Child pornography – Any criminal offense involving children, including child pornography, is subject to serious consequences. Any person who goes online and transmits visual depictions of sexual conduct involving minors can be charged with child pornography. According to federal law, transmitting child pornography carries a prison sentence between five and 20 years.
- Identity theft – This crime occurs when a person uses someone else’s personally identifying information (i.e. name, SSN, credit card number, etc.) without their permission in order to commit fraud or other crimes. While misdemeanor identity theft can result in a prison sentence of one year, felony sentences can result in several years of prison time or more.
- Criminal copyright infringement – This means infringing a copyright for financial gain or distributing a work that is prepared for commercial distribution on an online network. If caught, the infringer pays the actual dollar amount of damages and profits. In more serious cases, it can result in prison time.
- Drug trafficking – The internet can also be used for delivering, distributing, or dispensing illegal narcotics. Using the internet to violate the federal drug trafficking law can result in a minimum sentence of 10 years in federal prison, depending on the amount of drugs involved in the crime.
Trusted Virginia Beach Criminal Attorney
Criminal charges can be frightening. Let our skilled Virginia Beach criminal lawyer help guide you through every step of the process. The criminal justices system is complicated and when you are underrepresented, it’s easy to have your rights violated. Our legal team is dedicated to thoroughly reviewing your case and creating successful legal solutions.
Please contact our offices today to speak to an attorney about your case in a consultation. Call (757) 267-4949!
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Mr. Miller is phenomenal. You can sense that he genuinely care about your case. He realizes how much a case can impact a person for the rest of their lives and will try to do anything from his knowledge, experience, and will power to help you get the best results. Words can not describe how I am so pleased to have gone through with my case with Mr. Miller. I will never forget him and I will recommend anyone to him.- Client
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Mr. Miller and his team worked diligently on my case and I am forever truly greatly. It was a long process but with prayer and fasting, I had faith in Mr. Miller and his team to get the results that I prayed for. They were straight forward and very patient at the same time. My husband is the one who search for lawyers/attorneys and Mr. Miller was the first and only choice. I can't say enough how grateful I am for all your hard work and fight that you did behind the scenes. God bless you Mr. Miller and your whole team.- M. Sellers
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I was very nervous when I had to go to court over a traffic accident I was recently involved in. Dan put me at ease almost immediately with his knowledge and tenacity. By the time Dan was finished questioning the other people involved in the accident I did not even have to testify (which was the major source of my nervousness). My innocence was clear to everyone in the room, thanks to Dan. Would definitely use him again and recommend him to others. Aside from his performance during the hearing he was very easy to contact and always kept appointments with me. He also answered all of my questions patiently and with understanding.- Client
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I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.- C. Dickens
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