Internet crimes can potentially encompass a wide range of actions. If you've been accused of a crime committed over the internet, you can rely on the O'Mara Law Group team to provide you with expert legal defense.
Defense Against Internet Crimes in Florida
Internet crimes have surged in recent years, affecting both individuals and businesses. The focus by law enforcement to identify and prosecute internet offenses has increased accordingly. O’Mara Law Group, a leading criminal defense firm in Orlando, defends individuals accused of internet offenses statewide.
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The consequences of a conviction in internet crime charges in Florida are severe, including jail time, substantial fines, and a long-term impact on their personal and professional lives. To effectively defend against internet crime charges, it is essential to understand what constitutes internet crime, the associated penalties, and the importance of a solid legal defense.
What Are the Types of Internet Crimes in Florida?
Internet crimes in Florida are prosecuted under various statutes, depending on the nature of the offense. The following are some common internet crimes:
Cyberstalking
This offense involves repeated online behavior intended to threaten, intimidate, or harass another person. A cyberstalking conviction can lead to serious penalties, particularly if the victim is a minor or a current or former spouse or partner. This crime is prosecuted under the Florida Statutes Section 784.048. It can be aggravated and elevated to a third-degree felony if it involves a credible threat.
Fraud and identity theft
Internet fraud involves deceptive practices, such as phishing schemes, auction fraud, and online shopping scams. It is prosecuted under the Florida Communications Fraud Act. Identity theft is a type of internet fraud that involves stealing personal information to impersonate someone else, typically for financial gain. It is prosecuted under the Florida Statutes Section 817.568. Fraud and identity theft are aggressively prosecuted, often resulting in felony charges.
Credit card and financial information theft
When committed online, theft or unauthorized use of another person’s credit card information is an internet crime, prosecuted under the Florida Statutes Section 817.61. Individuals convicted of stealing, selling, or buying financial data can face serious legal consequences.
Hacking and unauthorized access
This offense falls under Florida’s Computer-Related Crimes Act, which criminalizes unauthorized access or hacking activities. These include obtaining information without consent, modifying data, and intentionally damaging systems. Penalties may be enhanced for accessing networks of financial institutions or government systems.
Child pornography and exploitation
These crimes are covered in the Florida Statutes at Section 847.0135, which addresses the use of online means to solicit minors, and Section 827.071, which outlines the possession and distribution of sexual content involving minors. Both offenses carry severe penalties.
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What Are the Defenses Against Internet Crime Charges?
If you are facing internet crime charges, it is essential to mount a strong defense. Our seasoned internet crime attorney in Orlando can explore all available defenses, depending on the unique circumstances of your case. The following are examples of defense strategies that could be effective in defending internet-based crimes:
- Lack of intent: For many internet crimes, the prosecution must prove that the defendant intended to commit the offense to obtain a conviction. The defense can argue that there was no intent to harass, defraud, or harm the alleged victim.
- Insufficient evidence: As always in criminal cases, the burden of proof is with the prosecution. Many internet crimes hinge on digital evidence, which must be handled carefully. Our skilled criminal defense attorney can scrutinize whether the evidence was gathered legally and question whether it is sufficient to meet the burden of proof.
- Mistaken identity: Many cybercrimes are committed anonymously or through hacked accounts. Mistaken identity can be a defense if there is doubt about the involvement of the accused.
- Entrapment: This defense may apply when law enforcement officials induce individuals to commit crimes they otherwise would not have committed.
Why Choose Us for Internet Crime Defense?
At O’Mara Law Group, our Orlando internet crimes lawyers utilize a team approach. Our firm has a national reputation for premier criminal defense. Contact us if you are facing internet crime charges in Florida. Our firm defends those accused of internet crimes statewide. We offer an exceptional level of service. We ensure our clients are fully informed as the case progresses and are available day and night for the individuals we represent.