Computer Crime Defense: Understanding Cybercrime Laws in Wisconsin

The growing use of computers also means that law enforcement is intently focused on catching and prosecuting crimes involving these devices. If you have been charged with computer crimes, either on a state or federal level, you are likely facing substantial penalties that could involve jail time. These cases are extremely complex, and they may involve cutting-edge areas of the law, making it even more crucial that you have early involvement of a criminal defense attorney from Hogan Eickhoff.

Computer Crime Laws in Wisconsin

Wisconsin has its own tough computer crime laws that apply to conduct that allegedly occurred within state lines. Wisconsin Statutes Chapter 943.70 governs crimes involving computers. The law covers a number of unauthorized actions involving computers, including the following:

Unauthorized access to computer systems
Computer data theft or destruction
Fraud or deception using electronic systems
Unauthorized use of encryption

The following elements must be proven for you to be convicted of a computer crime in Wisconsin:

You intentionally and knowingly engaged in prohibited conduct prohibited by the law
The actions lacked authorization, and you knew that you did not have the proper permission
Your actions were intentional, and they did not occur by mistake

Note that you would not need to cause actual financial losses and harm to be convicted of computer crime. Here, the crime may be the act of illegally accessing a system, even if you did not eventually take data. However, computer crime charges could rise to a felony if damage was committed that was in excess of $2,500.

The penalties for computer crimes in Wisconsin depend on the severity of the charge. Potential jail sentences are as follows:

For a “basic” Class A misdemeanor, the sentence is up to nine months in prison.
For a Class I Felony, the sentence is up to 3 years and 6 months in prison when the offense is committed to defraud or obtain property.
A Class H Felony is when there is damage greater than $2,500, and the penalty is up to six years of imprisonment.
A Class F felony is when the act causes substantial risk of death or bodily harm or disrupts government/public services, and it is punishable by up to 12.5 years imprisonment.

If you have been charged with a computer crime under Wisconsin law, the prosecutor must prove every element for you to be convicted. Both you and the prosecutor are looking at an evidence-intensive case.

Federal Cybercrime Charges

If the alleged crime occurred across state lines, it is likely that you would face federal charges. Federal cybercrime laws are known for being tough, and they may be even stricter than Wisconsin law. The federal government has extensive resources devoted to investigating cybercrime, and prosecutors are known for seeking tough prison sentences after a conviction.

There is an overarching federal law that deals with computer crimes. The Computer Fraud and Abuse Act makes a number of actions illegal, including:

Gaining unauthorized access to a computer network without permission
Accessing protected information unlawfully
Accessing a computer in furtherance of a fraud scheme
Transmitting malicious code to damage or impair systems
Using legitimate access to retrieve or alter data, one is not entitled to

Prosecutors also make extensive use of wire fraud charges. The law prohibits using interstate or international electronic communications as part of a scheme to intentionally deceive or defraud someone to obtain money, property, or services. Using a computer is considered to be an interstate or electronic communication. Wire fraud is punishable with up to 20 years in prison.

Computer Crime Defense Strategies

Computer crime cases are very technically complex. The prosecutor must show how you wrongfully used a computer to commit a crime. They may use highly technical information to try to prove your activity, such as metadata, IP addresses, and server logs that require expert analysis. There may be a voluminous amount of data that needs to be analyzed as part of your case.

Any type of defense to white collar charges requires a legal team that has focused experience in the area. Your computer crimes defense attorney would review your case to determine whether you have any applicable defenses that could be used to fight the charges against you. Defenses to computer crime charges may include:

Lack of Intent: Many computer crimes require willful or intentional actions. If the accused acted accidentally or without criminal intent, this can be a strong defense.
Authorization: If the defendant had permission to access the system or data, it may negate claims of unauthorized use under laws like the CFAA.
Mistaken Identity: Cybercrimes are often committed anonymously. It may be possible to argue that someone else used the defendant’s device or IP address.
Insufficient Evidence: If prosecutors cannot tie the digital evidence directly to the accused or show that a crime occurred, the case may be dismissed.
Illegal Search and Seizure: If authorities violated the Fourth Amendment during the investigation (for example, an unlawful search of a device), evidence may be excluded.

Like any white collar charge, there is likely to be extensive interaction between your attorney and the prosecutor. If the prosecutor sees that you are prepared to vigorously defend against the charges, they may be more likely to negotiate a more favorable plea bargain. If the prosecutor does not have the evidence necessary to support a conviction, you could take your case to trial in front of a judge or jury.

Contact an Appleton Criminal Defense Attorney

If you are facing computer crime charges in Wisconsin, the consequences can be severe, including fines, jail time, and a permanent mark on your record. At Hogan Eickhoff, our experienced defense attorneys understand the complexities of cybercrime laws and will fight to protect your rights. Whether you are accused of hacking, data theft, or unauthorized access, we will build a strong defense tailored to your case. Contact a criminal defense lawyer at Hogan Eickhoff today by filling out an online form or by calling us at (920) 450-9800 for a confidential consultation and trusted legal support. Our team helps defend various misdemeanors and felonies including domestic violence, property crimes, drug offenses, sex offenses, and violent crimes.