The Internet has been a game-changer for the way things are done. It has revolutionized the way people purchase products, obtain services, complete education programs, and communicate with one another. As the possibilities of the world wide web continue to grow, so does the opportunity to engage in conduct that the government has outlawed.
To counteract this, state and federal law enforcement agencies are consumed with investigating and prosecuting any illegal activities that are carried out in cyberspace. The result is that many individuals end up on trial for things they did not do or for activities that have been blown out of proportion.
CONTACT OUR MILWAUKEE INTERNET CRIME ATTORNEY FOR YOUR CONSULTATION
If you have been charged with an Internet crime in Milwaukee, Schiro Criminal Defense is here to help. With over 40 years of experience, Attorney Schiro has the knowledge and resources to defend your rights and freedom. We have defended against all types of Internet crimes, including child pornography, online child solicitation, and cyber-stalking. No matter your specific charges, we are committed to putting up a strong defense on your behalf.
What Are Cyber Crimes or Computer Crimes?
Cyber crimes, also known as computer crimes, involve illegal activities conducted through or using the internet or computer systems. These offenses can range from accessing private information without authorization to distributing harmful software or engaging in online fraud.
Internet & Computer Crimes We Handle in Wisconsin
At Schiro Criminal Defense, we provide comprehensive legal representation for a wide range of internet and computer crimes, including:
- Phishing Scams: Fraudulent attempts to obtain sensitive information like passwords or credit card details.
- Identity Theft: Using someone else’s personal information for financial gain.
- Malware and Viruses: Creating or distributing harmful software.
- Cyber-Stalking and Cyber-Bullying: Harassing or intimidating individuals online.
- Child Pornography and Online Solicitation: Possession, distribution, or solicitation involving minors.
- Denial-of-Service (DoS) Attacks: Disrupting the functionality of websites or networks.
No matter the charges, our team is committed to providing a robust defense to protect your future.
How Computer Crime Is Prosecuted
Computer crimes are prosecuted under both state and federal laws, depending on the nature and scope of the offense. Federal agencies like the FBI often get involved in cases involving large-scale fraud, identity theft, or crimes crossing state lines.
Prosecutors must prove beyond a reasonable doubt that the accused knowingly committed the alleged crime. This often involves presenting digital evidence, which can be complex and open to interpretation.
As experienced computer crime lawyers, we know how to challenge the prosecution’s evidence, identify weaknesses in their case, and present a compelling defense on your behalf.
What Are the Penalties for Internet Crimes?
In recent years, there has been a noticeable increase in the number of online activities that are being prosecuted as state or federal crimes. There has also been a rise in the severity of the penalties imposed for Internet crime convictions. The specific penalties are dependent on the nature of the offense committed.
Specific Examples of Internet Crime Penalties in Wisconsin
Wisconsin law categorizes crimes into different classes, each with a defined range of penalties. Here are some examples of how various internet-related crimes are penalized:
Computer Crimes (Wis. Stat. § 943.70)
This broad statute covers actions like unauthorized modification, destruction, access, or copying of data, computer programs, or systems, as well as causing service interruptions (e.g., DDoS attacks).
Penalties may include:
- Class A Misdemeanor: The basic penalty for many unauthorized computer actions, carrying up to 9 months in jail and/or a $10,000 fine.
- Class I Felony: If the offense is committed to defraud or obtain property, it becomes a Class I felony, with penalties of up to 3 years and 6 months in prison and/or a $10,000 fine.
- Class H Felony: If the damage to a computer system or data exceeds $2,500, it can be a Class H felony, carrying up to 6 years in prison and/or a $10,000 fine.
- Class F Felony: More severe offenses, such as those causing over $2,500 in damage, interrupting governmental operations or public services, or creating a substantial risk of death or bodily harm, can be Class F felonies, punishable by up to 12 years and 6 months in prison and/or a $25,000 fine.
- Increased Penalties for Disguised Identity: If a person disguises their identity or location while committing a computer crime to avoid detection, the maximum fine for misdemeanors can increase by $1,000 (and imprisonment to one year in county jail), and for felonies, the maximum fine can increase by $2,500 and imprisonment by 2 years.
Identity Theft (Wis. Stat. § 943.201, § 943.203)
This involves the unauthorized use of an individual's or business's identifying information to obtain something of value, avoid legal processes, or cause harm. Phishing schemes often lead to identity theft.
Penalties include:
- Class H Felony: Generally, identity theft is a Class H felony, with penalties of up to 6 years in prison and/or a $10,000 fine.
Cyberstalking and Harassment (Wis. Stat. § 947.013, § 940.32)
These involve using electronic communication to repeatedly harass, intimidate, or threaten another person.
Penalties may include:
- Unlawful Use of a Computerized Communication System: Can be a Class B misdemeanor (up to 90 days in jail and/or a $1,000 fine) if intended to seriously frighten, intimidate, threaten, or abuse.
- Harassment: Starts as a forfeiture but can escalate to a Class A misdemeanor (up to 9 months in jail and/or a $10,000 fine) if aggravating factors exist, such as violating a no-contact order or placing the victim in fear of injury or death. It can become a Class I Felony or Class H Felony with prior convictions or if the offender gains access to personally identifiable information to facilitate the harassment.
- Stalking: Often a Class I felony (up to 3 years and 6 months in prison and/or a $10,000 fine). Penalties can increase to a Class H Felony (up to 6 years in prison and/or a $10,000 fine) if the victim is under 18, there's a prior conviction, or the offender gained access to the victim's personally identifiable information. It can even become a Class F Felony (up to 12 years and 6 months in prison and/or a $25,000 fine) if it results in bodily harm or a dangerous weapon is used.
Wire Fraud
While also a federal crime, wire fraud (using electronic communication for fraudulent schemes) can be prosecuted under state laws.
Penalties typically include:
- Felony: In most cases, wire fraud is a felony in Wisconsin, with penalties that can include significant fines and prison sentences. The severity often depends on the amount of money involved and whether a financial institution was targeted.
There is nothing worse than suffering a punishment that you do not deserve. That is why it is crucial to work with a skilled legal team. Our criminal defense attorney can work to build a case that can cast doubt on the prosecution’s evidence against you. If they cannot prove beyond a reasonable doubt that you are guilty, you can avoid conviction and all the consequences that come with it.
Get Reliable Legal Defense Today
Being charged with an Internet crime can be a stressful experience. Schiro Criminal Defense is here to help you navigate the legal system and pursue a favorable outcome in your case. Attorney Schiro has a proven track record of obtaining case dismissals, reduced charges, and not guilty verdicts. Contact us today to discuss safeguarding your future.
