In today’s digital world, almost everything leaves an electronic trail. That’s why allegations of cybercrime—ranging from identity theft to online fraud—are on the rise in California. But while prosecutors may present their case as airtight, digital evidence is often more complex, and more vulnerable to challenge, than it first appears. At Simmons Wagner, LLP, we draw on years of experience as former prosecutors to defend clients accused of cybercrime and ensure their rights are protected in an evolving legal landscape.
What Counts as Cybercrime?
Cybercrime is a broad term that can cover many types of conduct, including:
- Identity theft – Using stolen personal data for financial gain
- Online fraud – Credit card schemes, e-commerce scams, or phishing attacks
- Unauthorized access – Hacking into accounts, email servers, or databases
- Intellectual property theft – Copying or distributing copyrighted content without permission
- Computer-related harassment – Cyberstalking, online threats, or doxxing
Because cybercrime often crosses state and even national borders, these cases can be charged under both California and federal law, making the stakes especially high.
How Prosecutors Build Cybercrime Cases
In most cybercrime prosecutions, the government relies heavily on digital forensics. Common tactics include:
- Tracing IP addresses and online activity logs
- Seizing computers, phones, and storage devices for forensic analysis
- Using email, text, and social media communications as evidence
- Following the “money trail” through bank transfers and cryptocurrency transactions
While prosecutors may claim this evidence is definitive, in reality, digital data can be incomplete, manipulated, or misinterpreted.
Common Defenses in Cybercrime Cases
A strong defense strategy challenges both the evidence and the government’s assumptions. Some approaches include:
- Mistaken identity – IP addresses don’t always prove who was behind a keyboard.
- Lack of intent – Not all computer use that appears suspicious was done with fraudulent intent.
- Illegal searches – If investigators obtained digital evidence without a valid warrant, it may be inadmissible.
- Data integrity issues – Digital evidence can be altered, corrupted, or misattributed.
At Simmons Wagner, LLP, we work with computer forensics experts to analyze the government’s case and expose these weaknesses.
Why Cybercrime Charges Require Immediate Action
Unlike some criminal cases, cybercrime investigations often start long before a suspect even knows they are being targeted. By the time charges are filed, the government may have seized devices, subpoenaed financial records, and built a detailed timeline of alleged activity. Early legal representation is crucial to:
- Protect your rights during searches and questioning
- Review and challenge the government’s digital evidence
- Negotiate with prosecutors before charges escalate
- Begin building a proactive defense strategy before trial
The sooner you act, the better your chances of protecting your freedom and reputation.
How Simmons Wagner, LLP Can Help
At Simmons Wagner, LLP, we understand the complexity of cybercrime allegations and the devastating impact they can have. Our attorneys bring:
- A prosecutor’s insight into how cybercrime cases are built
- Access to trusted digital forensic experts
- A proven record of defending clients in high-stakes cases
- A commitment to protecting your rights both in and out of court
If you’re under investigation or have been charged with a cybercrime in California, call (949) 439-5857 today to speak with Simmons Wagner, LLP. We’ll fight to ensure your side of the story is heard and your future is protected.