Criminal Defense

Cybercrime in California: It’s Complicated
January 03, 2017 by Seppi Esfandi in Criminal Defense   Leave a Comment
Thumbnail for: Cybercrime in California: It’s Complicated

The term “cybercrime” often evokes an image of someone in a foreign country hacking a major government agency when, in reality, cybercrime in California covers a wide range of conduct. This is in addition to any federal crimes that can be committed using the Internet.

Common Types of Cybercrime

Stealing passwords, hacking someone’s network to monitor their activity, and/or accessing someone’s email without their permission are common examples of accessing a device or the data it contains. While relevant offenses typically include some kind of use of the information accessed, the act of obtaining unauthorized access to a device or network is unlawful in and of itself with penalties of up to three years in prison and fines of up to $5,000, or both. Consult a licensed attorney to learn more about your case and what punishments you may face.

  • Phishing is defrauding an Internet account holder by posing as a legitimate company to get their personal financial information. (See California Penal Code section 530.5, 484e et seq., and Business and Professions Code section 22948.)

The conduct explained below may also qualify as a federal offense for mail fraud.

Phishing is a very common kind of Internet fraud where people will receive an email posing as a legitimate correspondence a reader would expect from a bank or other company the reader regularly does business with. Unbeknownst to the reader, the email contains links or attached files that fraudulently coax the reader into disclosing sensitive information that can be used to steal their money, or use associated accounts to purchase good sent through the mail. Often the sensitive Information obtained from the victim is sold to third parties both inside and outside the United States. This information includes, but it not limited to, Social Security numbers, drivers license information, credit card numbers, PIN numbers, and even someone’s date of birth.

Keep in mind that there are multiple related offenses associated with various kinds of financial information, including identity theft and the unlawful possession of credit card info. See our article on credit card fraud for more information.

  • Internet fraud schemes (e.g. foreign lotteries, Internet auction fraud, non-delivery of merchandise.)

These crimes can take several forms but typically begin as an unexpected email to an unsuspecting reader. The email usually explains an elaborate situation where goods or money is being held for the benefit of the reader, but where the goods or money can be released if a payment of some kind is made using untraceable means like gift cards, money orders, or foreign wire transfers. What ends up happening is that the reader loses out on their hard earned money but receives none of what was promised in the email.

Another common scam is where goods sold on an Internet site are not what they were purported to be, or are never shipped after payment. This can include counterfeit designer goods, or simply the sale of a deceptively described item with the intent to separate well-meaning consumers from their money. Very often this is also a federal crime.

Possible Defenses

There are multiple ways to fight a case related to cybercrime, but these cases are often highly complex and require a careful professional that has all of the relevant information at their fingertips. The presumption of innocence, which requires that the prosecution prove all elements of an offense beyond a reasonable doubt, is ever-present, but there may be defenses built into various laws that only a licensed attorney can adequately advise you of.

Free Consultation

If you have recently been arrested for a Cybercrime or related offense, please don’t hesitate to call us for a free, no-obligation consultation with Seppi Esfandi. During your call, Esfandi will hear the details of the case and advice you on the best approach to defend yourself. If you wish, a consultation in our office can be promptly scheduled.

Call Us for a FREE Case Review: 310-274-6529

Read our last articles

Videos:  Criminal Defense Attorney Seppi Esfandi

Best law firms

© 2017 Los Angeles Criminal Defense & DUI Attorney Seppi Esfandi. All Rights Reserved | Seppi Esfandi Law Scholarship





DISCLAIMER: This website is specific to general guidelines pertaining to criminal justice, criminal defense, DUI, drunk driving, DMV hearing, drivers license suspension, juvenile crime justice, sex offender laws, violent crimes, white collar crimes, or other legal criminal defense. Any information set forth in this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of that case and the results will differ from case to case. Please contact a criminal lawyer, Criminal Defense Attorney, juvenile law attorney, Sex Offender Attorney, Domestic Dispute Lawyer, Violent Crime Attorney, White Collar Attorney, or drunk driving / DUI lawyer. Nothing herein is intended to nor constitutes a guarantee, warranty or prediction regarding the outcome of your specific legal matter. Every case is unique and outcomes will vary depending on the facts and legal history of your case.

AREAS SERVED: Central California Region, Southern California Region, West Los Angeles Area, Downtown Los Angeles, The Community of Agoura Hills, Alhambra, The City of Arcadia, Baldwin Park Area, The Neighborhood of Bell Gardens, Bellflower, The City of Beverly Hills, The City of Burbank, Calabasas, The City of Carson, Cerritos, The City of Claremont, Commerce, The City of Compton, Covina, Cudahy, Culver City, The City of Diamond Bar, The City of Downey, The City of Duarte, The City of El Monte, The City of El Segundo, Gardena, The City of Glendale, Glendora Area, The Community of Hawaiian Gardens, The City of Hawthorne, The City of Hermosa Beach, The Hidden Hills, Huntington Park Area, City of Industry, The City of Inglewood, Irwindale, La Cañada, The City of Flintridge, The City of La Habra Heights, La Mirada, La Puente, La Verne, Lakewood Area, The City of Lancaster, Lawndale, The City of Lomita, The City of Long Beach, The City of Lynwood, Malibu, Manhattan Beach, The City of Maywood, The City of Monrovia, Montebello, The Community of Monterey Park, Norwalk, The City of Palmdale, The Neighborhood of Palos Verdes Estates, The City of Paramount, The City of Pasadena, Pico Rivera Area, The City of Pomona, Rancho Park Area, Palos Verdes, The City of Redondo Beach, The Neighborhood of Rolling Hills Estates, Rosemead Area, San Fernando Valley, The City of San Dimas, San Gabriel Area, The City of San Marino, Santa Clarita, Santa Fe Springs, The Community of Santa Monica, Signal Hill, Sierra Madre, South El Monte, The City of South Gate, South Pasadena Area, Temple City, The City of Torrance, Tustin, The City of Vernon, West Covina, Walnut, Westlake, The Community of West Hollywood, Village Whittier, The City of San Diego, and Las Vegas Nevada.