Cyber Crimes Defense · State & Federal
Los Angeles Cyber Crimes Attorney
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Forensic litigation. Suppression motions. Federal CFAA defense.
Daniel S. RubinCyber Crimes Defense Attorney
01 — Quick Facts
Cyber Crimes — At a Glance
02 — The Law
State & Federal Cyber Crime Framework
California's Comprehensive Computer Data Access and Fraud Act (PC §502 (opens in new tab)) criminalizes unauthorized access, data disruption, and information theft. Companion statutes cover identity theft (PC §530.5), online impersonation (PC §528.5), and unauthorized recording (PC §632).
Federally, the Computer Fraud and Abuse Act (18 U.S.C. §1030 (opens in new tab)) governs unauthorized access to protected computers. Post-Van Buren (2021), "exceeds authorized access" is narrowly defined, creating suppression and dismissal opportunities in cases previously charged aggressively. Related federal cases often overlap with wire fraud and identity-theft statutes.
03 — Penalties
Cyber Crime Penalties — State and Federal Exposure
| Offense | Statute | Statutory Max | Restitution | Supervised Release / Probation | Loss-Driven? |
|---|---|---|---|---|---|
| Unauthorized Access — Misdemeanor | PC §502(c) | 1 year county jail; $5,000 | Mandatory | Up to 3 yrs summary | No |
| Unauthorized Access — Felony | PC §502(c) | 16 mo, 2, or 3 yrs prison; $10,000 | Mandatory | Rarely | Loss-tiered |
| Identity Theft | PC §530.5 | 3 yrs prison (felony) | Mandatory | 3 yrs summary/formal | Yes |
| Aggravated Identity Theft | PC §530.5(c) | 5 yrs prison | Mandatory | No | Yes |
| CFAA — Basic Access | 18 U.S.C. §1030(a)(2) | 5 yrs federal prison | Mandatory | 1–3 yrs sup. rel. | No |
| CFAA — Damage / Loss | 18 U.S.C. §1030(a)(5) | 10 yrs (loss); 20 yrs (bodily injury); life (death) | Mandatory | 3–5 yrs sup. rel. | USSG §2B1.1 |
| Aggravated ID Theft | 18 U.S.C. §1028A | +2 yrs mandatory consecutive | — | — | No |
Federal guideline exposure is driven by USSG §2B1.1 — every dollar of loss adds offense levels. A $500,000 wire-fraud loss adds 14 levels on top of the base offense.
Additional Consequences Beyond the Courtroom
- Mandatory restitution to victims and financial institutions
- Asset forfeiture of proceeds and instrumentalities (18 U.S.C. §982)
- Federal immigration consequences — fraud >$10,000 is an aggravated felony
- Loss of security clearance and government-contracting eligibility
- Computer-use restrictions and monitoring during probation / supervised release
- Professional-license discipline (bar, CPA, healthcare IT)
- Civil liability under CFAA §1030(g) and California UCL
- Employment background check exposure — federal felony visible for life
04 — Defense Strategies
How We Defend Cyber Cases
Attribution Challenge
IP, MAC, and device attribution is not identity attribution.
- Shared networks, VPNs, and spoofing produce reasonable doubt on who did what.
Authorization Defense
Post-Van Buren, 'exceeds authorized access' is narrow.
- Many former-employee and dual-use cases now fail on the authorization element.
Forensic Suppression
Overbroad warrants, plain-view breaches, and chain-of-custody failures produce suppression of device images.
Loss & Damage Attack
CFAA and §502 felony treatment depends on loss/damage thresholds.
- Litigating remediation costs strips exposure.
No Intent to Defraud
Cyber statutes require specific intent.
- Curiosity, security research, and mistake defeat the mens rea element.
Restitution Structuring
Voluntary restitution and remediation prior to charging can produce declination, misdemeanor filing, or diversion.
05 — Charge Types
Cyber Charges We Defend
Unauthorized Access
Accessing computers, networks, or data without permission — including former-employee cases.
Learn moreIdentity Theft
Willful use of another's personal identifying information for unlawful purposes.
Learn moreData Breach / Exfiltration
Copying or taking data from a computer system without permission.
Learn moreOnline Impersonation
Creating fake profiles to harass, intimidate, or defraud another person.
Learn moreCard-not-present fraud, credential harvesting, and account takeover.
Learn more06 — Possible Outcomes
Possible Outcomes in a Cyber Crime Case
Case Dismissed or Not Filed
The best possible outcome — no conviction, no record.
- Suppression of digital evidence seized on an overbroad warrant
- Attribution failures — IP address alone is not identity
- Prefile rejection where forensic images were not preserved
Reduced Charges
- PC §502 felony reduced to misdemeanor via §17(b)
- Federal referral declined in favor of state misdemeanor filing
- Restitution-based resolution replacing fraud enhancements
Minimized Sentence
If a conviction cannot be avoided, we fight for the lowest possible exposure.
- Probation with computer-use conditions instead of custody
- Restitution schedules that avoid immigration consequences
- No-contact orders narrowed to victims only
Diversion & Deferred Entry
- Mental-health diversion under PC §1001.36
- Judicial diversion under PC §1001.95 for eligible misdemeanors
- Pretrial diversion in federal cases under 18 USC §3154
07 — Collateral Consequences
Beyond Prison
- Restitution to individual victims and businesses
- Computer-use restrictions during probation and supervised release
- Professional license discipline (IT, security, finance)
- Federal contracting and clearance disqualification
- Immigration: crimes involving moral turpitude on many theories
- Civil liability under the CFAA private cause of action
- Public reputational impact from indictment publicity
- Loss of security-clearance eligibility indefinitely
08 — FAQs
Cyber Crimes Questions — Los Angeles
Can I be prosecuted just for accessing an account without permission?
Yes. Both PC §502 and 18 U.S.C. §1030 (CFAA) criminalize unauthorized access itself, even without downstream harm. However, post-Van Buren (2021), the federal 'exceeds authorized access' theory is narrower than before — creating strong defense opportunities in dual-use and former-employee cases.
What is the Van Buren defense?
In Van Buren v. United States (2021), the Supreme Court held that the CFAA's 'exceeds authorized access' clause applies only to accessing files or areas the user cannot access at all — not to misusing information the user can access. The decision narrowed CFAA prosecutions substantially.
Are cyber crimes felonies or misdemeanors?
Most cyber statutes are wobblers. California PC §502 and PC §530.5 can be filed as either a misdemeanor or a felony based on loss amount and intent. Federal CFAA charges are felonies if loss exceeds $5,000 or damage thresholds are met.
Can I face state and federal charges for the same conduct?
Yes. The dual-sovereignty doctrine permits both. State and federal prosecutors coordinate but often reach different filing decisions on the same facts. Effective early defense advocates for consolidation and single-forum resolution.
How is 'loss' calculated in a cyber case?
In CFAA cases, loss under 18 U.S.C. §1030(e)(11) includes response costs, damage assessment, remediation, and lost revenue. Prosecutors often over-count. Independent forensic evaluation typically produces significant loss-amount reductions.
Can restitution avoid criminal charges?
In prefile matters and appropriate cases, yes. Voluntary remediation and restitution before charges are filed can produce DA rejection, reduced filing, or civil resolution. Timing must be coordinated with counsel to avoid admissions.
Will law enforcement seize all my devices?
Typically yes on execution of a search warrant. Devices are imaged and analyzed; return of hardware often takes months or years. Suppression motions and preservation orders limit the scope of what the government can use.
Can a cyber conviction be expunged?
Most probation-eligible cyber convictions are expungeable under PC §1203.4 after successful probation. Federal convictions cannot be expunged but may be eligible for post-conviction relief in narrow circumstances.