Michigan Computer Crimes Defense Attorneys
Across the country, computer crimes are on the rise. Here in Michigan, the definition of a computer has expanded to include nearly every type of electronic device. Because internet and computer crimes have become so widespread over the past couple of decades, new laws have been enacted in Michigan as a response. These include Michigan’s Identity Theft Protection Act of 2004 and lots of child protection laws.
As computer crimes have become increasingly complex, prosecution for these crimes has become more aggressive. Being convicted of a cybercrime will result in fines, possibly jail or prison time, and, most likely, a publicly damaged reputation.
There are lots of types of computer crimes, but the three most common (and actively investigated and prosecuted) are: identity theft, child pornography, and solicitation of a minor.
At The Kronzek Firm PLC, over the decades, we have helped many individuals facing computer crime convictions. Our attorneys offer expert defense and offer free initial consultations.
Identity Theft Defense
Identity theft is intentionally using someone else’s “personal identifying information” without asking for that person’s consent, in order to benefit financially, professionally, or otherwise. “Personal identifying information” includes a person’s Social Security number, addresses, bank account or credit card information, phone numbers, insurance and other secured information.
Oftentimes, the goal of stealing someone else’s identity is to acquire personal or real property, a line of credit, employment opportunities, services etc. Identity theft is the most common computer crime today and, because of that, it is prosecuted aggressively here in Michigan.
Child Pornography Using a Computer
Child pornography, also called kiddie porn, is any depiction of a minor under 18 years old engaging in sexual behavior.
This depiction could be photographs, video, avatars, drawings or various other forms of expression. In Michigan, “child sexually abusive activity” and “child sexually abusive material” are both felonies.
“Child sexually abusive material” is any kind of depiction of a child engaging in a sexual act. “Child sexually abusive activity” is any kind of sexual act involving a child: sexual intercourse, sadomasochistic abuse, erotic fondling, masturbation, passive sexual involvement, erotic nudity, or sexual excitement.
Possessing child pornography is a grave crime under both Michigan law and federal law. (Remember Larry Nassar? He was the doctor that was part of the U. S. Gymnastics team at the Olymics. He’s doing 60 years in federal prison for possession of kiddie porn.) The state of Michigan’s penalty for having child sexually abusive material can be prison time of up to 20 years and a fine of up to $100,000.
It is becoming more common for federal law enforcement agencies to become involved with child porn investigations. Federal penalties for child porn crimes (having, duplicating, or distributing child porn) are significantly more severe than state penalties.
Solicitation of a Minor Defense
Solicitation of a minor is when an adult contacts an individual under the age of 18, with the intent of engaging in sexual activity with that minor.
In the past, the solicitation of a minor often happened in a park or at a school, where the defendant approaches the child and entices them and then asks for an illegal sexual activity. These days, soliciting a minor tends to take place online.
In Michigan, solicitation of a minor brings a possible 2-year sentence. The defendant will face this sentence even if no sexual activity actually occurred. Sexual activity with a minor is a different crime, and if the defendant both solicited the minor and engaged in sexual activity with the minor, then the defendant will face two criminal charges and convictions.
Today, lots of police agencies and private organizations operate sting operations to try to catch those trying to solicit a minor. Federal agencies are also carrying out their own police investigations to catch these types of predators.
What To Do If You Are Facing Computer Charges
Being investigated for a computer crime can be very embarrassing. The people around you might start asking questions, as will the law enforcement officials investigating the case. Employers and neighbors find out. Word spreads through your family. It would be in your best interest to refrain from volunteering any information to anyone until you consult with a trusted criminal defense attorney.
Don’t tell anyone anything about the crime, about the computer you used, the type of data stored on your computer, or what kind of computer access you have. It is possible that what you say at the beginning of an investigation will be used against you later or in court. Once you hire your attorney, they will be able to knowledgeably speak on your behalf.
Our Cyber Crimes Defense Team
At The Kronzek Firm PLC, we are experts on computer crime defense. Computer and internet crimes are technical and complex and so are our computer crime defense strategies. What can become very difficult is that it can be hard to definitively prove that a specific person took a specific action on a computer.
To add to the complications, hackers could take over your computer or infect it with viruses. This will make for a lot of uncertainty in your case, and we can use this uncertainty to your advantage.
Because internet crimes have become so much more common, entrapment has become a much more possible scenario. At The Kronzek Firm PLC, we will work to protect your rights. We have used entrapment defenses for these cases.
If you have no history of predatory sexual behavior, that will be helpful to your defense team. Our expert computer crimes defense team, along with our partnership with computer forensic experts, will fight hard to get you the best results if you are facing computer crimes charges in Michigan.
Contact us about your legal matter today! Call us at 1-866-766-5245. (1 866-7NoJail)