Elizabeth, NJ Computer Theft Charge Attorney

In today’s digital age, protecting computer systems and data is crucial. New Jersey recognizes the severity of computer theft and has established laws to deter and penalize such crimes. These laws can leave you or a loved one with a criminal record, as well as potential jail time. If you or a loved one is facing a computer theft charge, theft by unlawful taking, or receiving stolen property in New Jersey, then a strong defense needs to be presented. If you’re facing a computer theft charge in New Jersey, here’s why Attorney Brett M. Rosen is an excellent choice:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. With over 8 years of experience, he has a track record of vigorously defending clients’ rights in court. He is also certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.
2. Winning Advocate: Clients describe him as “the example of a true winner” and “an advocate who will be there in clutch situations.” He goes above and beyond to prove innocence and is relentless during negotiations with prosecutors.
3. Trial Skills: Rosen has stood toe-to-toe at trial against current and former prosecutors, certified criminal and civil trial attorneys, and even a certified matrimonial attorney. His aggressive questioning and methodical approach have led to favorable outcomes for clients.
4. High-Profile Cases: He’s handled cases involving former reality stars, celebrities, and Grammy-Award winning artists. His successful representation in high-profile matters speaks to his expertise.
5. Client-Centric Approach: Brett Rosen genuinely cares about his clients. He stays focused on the goal without compromising, ensuring the best possible outcome.

If you need a skilled criminal defense attorney who delivers MVP results, consider retaining Brett M. Rosen for your computer theft charge in New Jersey. Contact our office today for a consultation, or continue reading this page as it explores the different ways computer theft can be charged in New Jersey, along with the associated penalties.

What Constitutes Computer Theft in New Jersey?

New Jersey doesn’t have a single statute solely dedicated to computer theft. However, several laws under Title 2C of the New Jersey Code of Criminal Justice address various aspects of computer-related offenses. These primarily fall under two categories:

• Unauthorized Access: This involves accessing a computer system, data, or program without permission.
• Theft of Computer Services or Property: This encompasses stealing physical computer equipment, software, or digital data.

Here’s a breakdown of some common computer theft offenses in New Jersey:

• N.J.S.A. 2C:20-25 – Computer Criminal Activity: This law covers unauthorized access to computer systems, data, or programs. The severity of the offense depends on the value of the information accessed and whether it was disclosed. Penalties can range from a disorderly persons offense (up to 6 months in jail) to a first-degree crime (10-20 years in prison).
• N.J.S.A. 2C:20-10 – Theft: This general theft statute can apply to stealing computer hardware, software, or electronic data storage devices. Penalties are determined by the value of the stolen property.
• N.J.S.A. 2C:21-19 – Identity Theft: Stealing personal identifying information stored electronically can be charged under this law. Penalties can range from a third-degree crime (3-5 years in prison) to a first-degree crime.

Additional Factors Affecting Penalties:

• Intent: Was the computer theft for personal gain, vandalism, or to commit another crime?
• Damage Caused: Did the theft result in damage to the computer system or data loss?
• Prior Offenses: A history of criminal activity can lead to harsher penalties.

Computer Criminal Activity NJSA 2C:20-25

N.J.S.A. 2C:20-25 is a New Jersey law that deals with unauthorized access to computer systems, data, or programs. This means if you access someone else’s computer stuff without permission, you could be facing criminal charges. Penalties can be serious, ranging from minor offenses to prison time. According to NJSA 2C:20-25 the law is:

1. Definition: A person commits computer criminal activity if they purposefully or knowingly, without authorization or in excess of authorization:
   • Access any data, database, computer, network, or software.
   • Alter, damage, or destroy such computer-related elements.
   • Obtain, copy, or use data, personal identifying information, or other stored information.
   • Recklessly alter, damage, or destroy computer systems or networks.
2. Degrees of Crime:
   • Accessing data: Third-degree crime.
   • Altering, damaging, or destroying: Second-degree crime.
   • Accessing for fraud: Third-degree, but second-degree if value exceeds $5,000.
   • Obtaining data: Third-degree, but second-degree if it contains sensitive information or exceeds $5,000 in value.
   • Reckless alteration, damage, or destruction: Fourth-degree, but third-degree if damage exceeds $5,000.
   • It is a first degree crime if the offense results in:
     • (1) a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. The term “substantial interruption or impairment” shall mean such interruption or impairment that:
       • (a) affects 10 or more structures or habitations;
       • (b) lasts for two or more hours; or
       • (c) creates a risk of death or significant bodily injury to any person;
     • (2) damages or loss in excess of $250,000; or
     • (3) significant bodily injury to any person.

Every sentence of imprisonment for a crime of the first degree committed in violation of this section shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole.

Elements of Computer Activity NJSA 2C:20-25

Keep in mind that it is the State’s job to prove each element beyond a reasonable doubt. If the State fails to prove just one element, then the jury (or judge) must find the defendant not guilty. Below is an example of the New Jersey Model Jury Charge of recklessly altering, damaging or destroying:

1. That he/she accessed data, a data base, a computer, computer storage medium, a computer program, computer software, computer equipment, a computer system or a computer network; 
2. That he/she did so purposefully or knowingly; 
3. That he/she accessed the item either without authorization or in excess of his/her authorization; and 
4. That he/she recklessly altered, damaged or destroyed the item.

If the prosecutor fails to prove just one element beyond a reasonable doubt, the jury must find the defendant not guilty. This is why it is important to hire an experienced criminal defense attorney. Contact our office today for a consultation.

New Jersey Computer Theft Defenses: Fighting Unauthorized Access Charges (N.J.S.A. 2C:20-25)

Facing a computer theft charge in New Jersey under N.J.S.A. 2C:20-25 can be daunting. This law focuses on unauthorized access to computer systems, data, or programs. However, there are defenses available. Here are some common ones:

1. Lack of Intent: N.J.S.A. 2C:20-25 hinges on purposeful or knowing unauthorized access. Perhaps you mistakenly accessed the wrong system, or you believed you had permission. A lawyer can help establish your lack of criminal intent.
2. Mistaken Identity: Someone else might have used your credentials to access the system. Proof of your whereabouts or activity during the alleged access time can support this defense.
3. Permission Granted by the Owner: This defense can be tricky. Even with implied permission, exceeding authorized access (e.g., accessing confidential data) could still be problematic. A lawyer can clarify the scope of any permission granted.
4. Entrapment: Law enforcement cannot create a situation where you’re induced to commit a crime you wouldn’t have otherwise. If law enforcement pressured you into accessing a system illegally, this defense might apply.
5. Technical Errors: Sometimes, technical glitches or security flaws can lead to unintended access. Evidence demonstrating a technical error could potentially negate criminal intent.
6. Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If the evidence against you is weak or circumstantial, your lawyer can argue for dismissal of charges.
7. Improper Search and Seizure: If law enforcement obtained evidence through illegal search warrants or procedures, it might be excluded from court, potentially weakening the prosecution’s case.
8. Violation of Miranda Rights: If you were questioned by law enforcement without being properly informed of your rights, statements you made might be inadmissible in court.
9. Statute of Limitations: In New Jersey, the statute of limitations for most indictable crimes, which would encompass computer theft charges under N.J.S.A. 2C:20-25, is five years. This means that prosecutors generally have five years from the date the offense is committed to file charges against you.

Here’s how the statute of limitations can potentially impact your case:

• Charges Filed Within Five Years: If you’re charged within this timeframe, you’ll need to mount a defense against the accusation.
• Charges Filed After Five Years: If more than five years have passed since the alleged computer theft occurred, you might be able to argue that the statute of limitations has expired. This could lead to the dismissal of the charges against you.

However, there are some exceptions to the five-year statute of limitations:

• Concealment: If you actively concealed the computer theft, the statute of limitations might be tolled (paused) until the offense is discovered.
• Flight from Justice: If you fled the state after the crime, the statute of limitations might be tolled until you return to New Jersey.

Important Note: The specific facts of your case will determine which defenses are most applicable. Consulting with a qualified criminal defense attorney, such as Brett M. Rosen, is crucial for a strong defense strategy. Contact our office today for a consultation. 

What if I’m Accused of Computer Theft in New Jersey?

If you’re facing computer theft charges, it’s critical to seek legal counsel from an experienced criminal defense attorney. Your lawyer can:

• Analyze the specific circumstances of your case.
• Explore potential defenses, such as mistaken identity or lack of intent.
• Negotiate with prosecutors on your behalf.
• Represent you in court, if necessary.

Contact our office today for a consultation regarding your computer theft charge here in New Jersey.

New Jersey Computer Theft FAQ: Understanding the Charges

Facing accusations of computer theft in New Jersey can be confusing and stressful. Here are some frequently asked questions (FAQs) to shed light on the legalities involved:

Q: What exactly is considered computer theft in New Jersey?

• New Jersey doesn’t have a single law for computer theft. However, N.J.S.A. 2C:20-25 addresses unauthorized access to computer systems and data. Additionally, general theft laws (N.J.S.A. 2C:20-10) apply to stealing physical computer equipment, software, or electronic data storage devices. Identity theft involving electronic data falls under N.J.S.A. 2C:21-19.

Q: What are the penalties for computer theft in NJ?

• Penalties vary depending on the offense. N.J.S.A. 2C:20-25 ranges from disorderly persons offenses (up to 6 months jail) to first-degree crimes (10-20 years prison) based on factors like the value of information accessed and if it was disclosed. Stealing hardware or software is penalized based on its value under general theft laws.

Q: What if I accidentally accessed someone’s computer system?

• Intent plays a role. N.J.S.A. 2C:20-25 focuses on unauthorized access, so accidental access might not be considered a crime. However, consulting a lawyer is recommended to understand the specifics of your situation.

Q: I’m accused of computer theft. What should I do?

• Seek legal counsel immediately. An experienced criminal defense attorney can analyze your case, explore potential defenses, and represent you in court if necessary.

Q: What are some specific examples of computer theft under N.J.S.A. 2C:20-25?

• Hacking into a company’s computer network to steal confidential data.
• Installing malware on someone’s computer to steal personal information.
• Accessing a social media account without permission.
• Downloading copyrighted software illegally.

Q: What factors influence the severity of the charges?

• Intent: Did you access the system for personal gain, vandalism, or another crime?
• Type of Information Accessed: Was it sensitive financial data, personal information, or something less critical?
• Damage Caused: Did the theft result in data loss or damage to the computer system?
• Prior Offenses: A history of computer crimes can lead to harsher penalties.

Q: What are some potential defenses against computer theft charges?

• Lack of Intent: You may argue that you accidentally accessed the system.
• Mistake of Fact: You believed you had permission to access the system.
• Entrapment: Law enforcement induced you to commit the crime.

Q: What happens if I’m arrested for computer theft?

• You will be booked and have your Miranda rights read.
• You may be questioned by law enforcement. It’s crucial to remain silent and request an attorney.
• An attorney can advise you on your rights and represent you in court.

Q: Is deleting someone’s files considered computer theft?

• Altering or damaging data can be a computer crime under N.J.S.A. 2C:20-25, depending on the intent and consequences.

Premier New Jersey Computer Activity Charge Lawyer

Facing a computer theft charge in New Jersey can be daunting. Brett M. Rosen, a seasoned criminal defense attorney, is an excellent choice for several reasons:

1. Experience and Expertise: With over 8 years of experience, Brett M. Rosen has a deep understanding of criminal law, including theft-related offenses. He has successfully represented clients in various criminal cases, demonstrating his expertise in the field.
2. Client Recommendations: Clients describe him as a true winner and an advocate who delivers results. His relentless negotiation skills during initial discussions with prosecutors have yielded favorable outcomes.
3. Trial Skills: Rosen has stood ‘toe to toe’ at trial against current and former prosecutors, certified criminal and civil trial attorneys, and even a certified matrimonial attorney. His aggressive questioning and methodical approach have led to favorable judgments.
4. High-Profile Cases: Rosen has handled cases involving celebrities, reality stars, and Grammy-Award winning artists. Notably, he got a case dismissed where the alleged victim was a former reality star.
5. Professionalism and Preparation: Other attorneys have praised his professionalism, preparation, and effective cross-examination skills. He leaves no stone unturned in ensuring the truth comes to light during trials.

When it comes to legal matters, having the right attorney can make all the difference. Contact Brett M. Rosen today for a free consultation and let his expertise guide you through your computer theft charge.