Unauthorized Use of a Computer Lawyer New York, NY
If you have been charged with unauthorized use of a computer in New York, the charge is a class A misdemeanor under New York Penal Law § 156.05. A conviction can result in up to one year in jail and a fine, and may have lasting consequences for your career, professional licenses, and immigration status. At Law Offices Of SRIS, P.C., our criminal defense team represents clients facing computer crime allegations in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and across New York State. Mr. Sris, a former prosecutor and the firm’s Owner and Founder, works with experienced Of Counsel attorneys to build a thorough defense. New York’s 2020 bail reform means most misdemeanor defendants are released without bail, and for many first-time offenders, an ACD—adjournment in contemplation of dismissal—can resolve the case without a conviction. We challenge the prosecution’s evidence, examine digital forensics, and work to obtain dismissals or reduced charges. To discuss your situation with a defense attorney, call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Unauthorized Use of a Computer Means in New York
Under New York Penal Law § 156.05, a person commits unauthorized use of a computer when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization. The law is designed to cover a broad range of conduct, from accessing an employer’s computer system without permission to using someone else’s login credentials to view private data. The offense is a class A misdemeanor, punishable by up to one year in jail and a fine. If the unauthorized access was committed in furtherance of another felony, or if the defendant has a prior computer crime conviction, the charge may be elevated to a felony under other sections of the Penal Law.
In New York County (Manhattan), misdemeanor computer crime cases are heard at the New York City Criminal Court, located at 60 Centre Street. Felony cases are prosecuted in the New York County Supreme Court, Criminal Term. The New York City Police Department and the District Attorney’s office often rely on digital forensics, IP address traces, and electronic records to build their case. Because computer crime investigations often involve search warrants and complex technical evidence, having an attorney who understands both the law and the technology is critical. New York’s 2020 bail reform eliminated cash bail for most non-violent felonies and misdemeanors, so many individuals charged with unauthorized use of a computer are released on their own recognizance while their case is pending. For defendants with no prior record, an ACD (Adjournment in Contemplation of Dismissal) may be available — the charges are adjourned for six to twelve months, and if the defendant avoids further legal trouble, the case is dismissed and sealed.
How Mr. Sris and His Of Counsel Handle Unauthorized Use of a Computer Cases
Our defense team begins by examining every aspect of the prosecution’s case, including how evidence was obtained and whether the defendant had authorization to access the computer at issue. We review the search warrant affidavits, digital forensic reports, and witness statements to identify weaknesses in the state’s proof. Because unauthorized use of a computer charges often hinge on the interpretation of user agreements, access policies, and technical logs, a thorough investigation can uncover grounds for dismissal or reduction.
Mr. Sris and the firm’s Of Counsel attorneys have extensive experience negotiating with New York prosecutors to secure dispositions that avoid a criminal record. For first-time offenders, we pursue ACDs whenever possible, which result in dismissal after a period of good behavior. In cases where the evidence is weak or constitutional violations occurred, we file motions to suppress evidence and seek outright dismissal. Our approach is to provide a vigorous defense while advising clients about their options at every stage of the proceeding.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with experience in criminal trial work. He founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background as a prosecutor gives him insight into how the government builds its cases, and he works with the firm’s Of Counsel attorneys to develop defense strategies that address the specific facts of each client’s situation.
The firm’s Of Counsel attorneys bring extensive combined legal experience in criminal defense. Results may vary. Together, the legal team at Law Offices Of SRIS, P.C. handles unauthorized use of a computer charges in New York City and throughout the state. You can reach our team at (888) 437-7747 to discuss your case.
Frequently Asked Questions
What is unauthorized use of a computer under New York law?
Unauthorized use of a computer is a Class A misdemeanor under New York Penal Law § 156.05 that occurs when someone knowingly uses or accesses a computer without authorization. The statute covers any computer, computer service, or network. The prosecution must prove that the defendant acted knowingly and without permission. This can include an employee exceeding the scope of authorized access or someone logging into a system with stolen credentials. Because the definition is broad, the specific facts of each case determine whether the state can prove its case. An experienced attorney can evaluate whether your conduct meets the elements of the offense.
What are the potential penalties for unauthorized use of a computer in New York?
A conviction for unauthorized use of a computer as a first offense is a class A misdemeanor punishable by up to one year in jail and a fine. The exact sentence depends on the defendant’s criminal history and the circumstances of the offense. If the unauthorized access was committed in connection with another felony, or if the defendant has a prior computer crime conviction, the charge may be elevated to a felony, which carries state prison time. Even a misdemeanor conviction can affect employment, professional licensing, and immigration status. For many first-time offenders, however, an ACD can avoid a conviction altogether.
Can I get an ACD for an unauthorized use of a computer charge?
Yes, many first-time unauthorized use of a computer cases in New York are resolved with an ACD—Adjournment in Contemplation of Dismissal. Under an ACD, the court adjourns the case for a period of six to twelve months. If the defendant stays out of legal trouble during that time, the charges are dismissed and the record is sealed. The prosecutor’s consent is typically required, so having an attorney who can negotiate effectively is essential. An ACD is not available if there are additional felony charges or if the defendant has a disqualifying prior conviction.
How can a defense lawyer challenge an unauthorized use of a computer charge?
A defense lawyer can challenge the charge by arguing that the defendant had authorization, that the access was not knowing, or that the evidence was obtained illegally. The prosecution must prove each element beyond a reasonable doubt. We examine whether the alleged access was actually forbidden by company policy or if the defendant reasonably believed they had permission. We also scrutinize search warrants, digital forensics, and chain-of-custody issues. In many cases, negotiating a dismissal or reduction is the favorable outcomes, but we are prepared to take cases to trial when the evidence supports a strong defense.
Does New York’s bail reform affect computer crime cases?
Under New York’s 2020 bail reform, most defendants charged with a misdemeanor, including unauthorized use of a computer, are released on their own recognizance and do not have to post cash bail. This means you may be released shortly after arrest without paying bail. The reform applies to all non-violent felonies and misdemeanors, so first-time computer crime defendants are typically not held on bail. If you have a prior felony conviction or face additional charges, the court may consider other conditions, but bail is rarely required for a stand-alone computer misdemeanor.
What should I do if I am under investigation for unauthorized use of a computer?
If you are under investigation, do not speak to law enforcement without an attorney present and contact a criminal defense lawyer immediately. Anything you say can be used against you, even if you believe you are just explaining your side. Preserve any documents or electronic records that may be relevant. An attorney can communicate with investigators on your behalf and work to prevent criminal charges from being filed. Early intervention often leads to better outcomes, including the possibility of avoiding arrest or obtaining a favorable resolution before formal proceedings begin.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.