Criminal Defense Against Breach of Computer Security

Preventing Cyber Crime in Fort Bend – Call (346) 249-5544

The digital era has ushered in an incredible number of technological advances, from super-fast online downloading speeds to complex algorithms that quickly calculate search engine rankings. Unfortunately, the digital era has also introduced us to a rapidly growing number of what the Texas Penal Code refers to as cybercrimes. One cybercrime that the State of Texas takes seriously is called breach of computer security.

A breach of computer security charge gives law enforcement the power to arrest someone for accessing a computer, a computer system, or a computer network, without the explicit consent of the owner. Even if you have the consent of a computer system or a computer network owner, you can face a breach of computer security charge because you accessed the computer system or the computer network with malicious intent.

If you face the charge of breach of computer security, you should get in touch with a Texas licensed criminal defense lawyer who has experience working on similar cases. Texas criminal defense attorney Adam Capetillo will work hard to find a suitable defense that exonerates you of all breach of computer security charges.

Texas Law and a Breach of Computer Security Charge

The crime called breach of computer security is defined in Texas Penal Code Section 33.02. There are two subsections that describe two different ways the crime of breach of computer security can be committed.

Subsection A reads:
“A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.”

Subsection B reads:
“A person commits an offense if, with the intent to defraud or harm another or alter, damage, or delete property, the person knowingly accesses:
(1) a computer, computer network, or computer system without the effective consent of the owner; or
(2) a computer, computer network, or computer system:

(A) that is owned by:
(i) the government; or
(ii) a business or other commercial entity engaged in a business activity;

(B) in violation of:
(i) a clear and conspicuous prohibition by the owner of the computer, computer network, or computer system; or
(ii) a contractual agreement to which the person has expressly agreed; and

(C) with the intent to obtain or use a file, data, or proprietary information stored in the computer, network, or system to defraud or harm another or alter, damage, or delete property.”

The penalty for a breach of computer security conviction depends on the amount of money involved, as well as if the defendant has other convictions on his or her criminal record. Prosecutors also take into account whether the defendant committed one or more additional crimes while committing the crime of breach of computer security.

Defending Breach of Computer Security Charges

When hearing a breach of computer security case, the Judge, or the jury, hearing the case must determine guilt based on the highest legal standard called “Beyond a reasonable doubt.” The highest legal standard for proving guilt provides accomplished litigators such as Adam Capetillo with several possible defenses that include proving your innocence. Providing a defense for a client can involve establishing an airtight alibi and/or presenting evidence that contradicts the claims made by the prosecution team.
Here a few other possible defenses to use for a breach of computer security charge:

Consent

Texas law makes it legal for someone to gain access to a computer if the person has received approval from the owner of the computer. When using this defense, we can also ask the owner of the computer to verify consent by providing court testimony.

No Computer Security System

Sometimes, it is possible to gain access to a computer, a computer system, or a computer network because there was not a security system in place to prevent access. This may be a defense for individuals charged with a breach of computer security charge that accessed a security-free computer in a public place like a library.

Violation of the Constitution

When reviewing a case involving the charge of breach of computer security, highly rated criminal defense attorney Adam Capetillo will make sure law enforcement followed all the arresting guidelines established by the United States Constitution. The 4th Amendment requires a law enforcement agency to obtain a properly sanctioned search warrant to seize computers that might have been breached. According to the 5th Amendment, a law enforcement official must read your Miranda rights, which grant you the right to remain silent and the right to speak with an attorney when you have been arrested and interrogated.

Contact Adam Capetillo Today

If you face the criminal charge of breach of computer security, you need to take the charge seriously. Act with a sense of urgency by scheduling a free initial consultation with Texas criminal defense lawyer Adam Capetillo. You can reach our law firm by submitting the online contact form or by calling our office at (346) 249-5544.