Criminal Defense for Internet Phishing Charges

Internet Crime Services in Texas

Pronounced just like “fishing,” phishing is an illegal Internet activity that is a far cry from the relaxing outdoor recreational activity we enjoy to get away from it all. Internet fishing is a computer crime that involves scamming unsuspecting people online to reveal sensitive personal information. The most frequently used phishing tactics include sending fraudulent emails and creating fake web pages, with both tactics used to collect information such as credit card and online bank account login information.

Considered a form of identity theft, Internet phishing is a serious criminal charge that requires the legal expertise of a Texas licensed criminal defense lawyer. Because of the possibility of receiving a lengthy jail sentence, you should contact criminal defense attorney Adam Capetillo to perform a comprehensive review of your case. After reviewing your case, Mr. Capetillo will decide which of the possible defenses for an Internet phishing charge works best for your unique case.

Internet Phishing and the Texas Penal Code

Because identity theft has morphed into an online criminal activity that fleeces billions of dollars from consumers every year, law enforcement authorities at the state, local, and federal levels have made the crime one of the top legal priorities. The rapid increase in Internet phishing crimes has law enforcement agencies scrambling to keep up with new forms of identity theft crime.

In many cases, Internet phishing scammers create emails and web pages that appear to be legitimate. However, the intent of the emails and web pages determines what types of personal information online thieves want to steal.

Here are the most frequently requested pieces of personal information requested by phishing scammers:

• Legal name
• Birthdate
• Social Security number
• Credit card number and expiration date
• The password to one or more accounts
• Personal Identification Number (PIN)

Phishing scammers use the personal information they collect to embezzle money or open fake financial accounts. Consumers that fall victim to phishing scams might not learn of the criminal activity until they ask for a credit report or review a bank statement. Texas Internet phishing law makes it possible for law enforcement agencies to file a criminal charge just for attempting to steal important personal information.

The penalty for an Internet Phishing conviction in Texas depends primarily on two factors: the type of crime committed and the criminal record of the defendant. An Internet phishing charge can result in either a felony or a misdemeanor conviction. A first-time offender might receive probation, while a multiple offender can spend years behind bars. In addition, a judge has the power to order a defendant to pay phishing victims back the money stolen from them.

How Adam Capetillo Defends Internet Phishing Charges

Highly acclaimed criminal defense lawyer Adam Capetillo uses many of the same defenses for Internet phishing charges that he uses for defending clients charged with identity theft.

No Intent to Scam

There is a fine legal line between stealing someone’s personal information to make money and stealing someone’s personal information to collect enough data to send out solicitations like promotional email messages. Sometimes, a defendant facing internet phishing charges only wanted to build a list of people to send out email marketing blasts.

Innocence

Prosecutors in many Internet phishing cases have a tough time proving who was behind the creation of fraudulent email and website accounts. Adam Capetillo will perform an exhaustive investigation into your case to determine if the prosecution team has enough evidence to warrant a conviction. In addition, Mr. Capetillo will use any holes in the prosecution team’s evidence to plant the seed of reasonable doubt into the minds of the jury.

Mistaken Identity

Defendants that have common names might be able to plant the seed of reasonable doubt by claiming it was another Bill Jones or another Mike Wallace that committed an Internet phishing crime. Following the digital footprints left behind by the Internet, scammer is a difficult thing to do for law enforcement agencies. Because of the difficulty of establishing digital footprints, Adam Capetillo might be able to use the mistaken identity defense.

Constitutional Violations

Law enforcement personnel have a tough job going after Internet phishing scammers. One of the biggest legal potholes involving violating one or more amendments to the United States Constitution. Proving an Internet phishing crime typically requires law enforcement agencies to seize computer devices and other types of electronics. This means law enforcement agencies must request legally valid warrants to search and seize private property. A violation of the 4th Amendment is just cause for a judge to dismiss all Internet phishing charges.

With identity theft becoming a national crisis, prosecutors push hard for convictions of the computer crime. If you face an internet phishing charge, you need to act quickly by contacting experienced criminal defense lawyer Adam Capetillo.

Call (346) 249-5544 or submit the online form today to schedule a free initial consultation with criminal defense attorney Mr. Capetillo.