Have you Been Charged with Computer Forgery in Georgia?
Computer crimes, also known as cyber crimes, include many diverse offenses ranging from computer theft to phishing scams, to credit card fraud, and intellectual property violations. It can be difficult to ascertain the subtle differences between each crime, so it is important to hire a Georgia Criminal Defense Attorney. The legal system is tough to navigate on your own and particularly challenging when the laws concerning a crime are vague. Contact our offices today to see how we can assist with your case.
What is Computer Forgery in Georgia?
Under O.C.G.A. §16-9-93(d), a person will be guilty of computer forgery when they create, alter, or delete any data contained in any computer or computer network.
Penalty for Computer Forgery in Georgia
A person convicted of computer forgery in Georgia will receive a fine up to $50,000, up to 15 years in prison, or both.
However, if a person or property was injured because of the forgery, the victim may sue to recover any damages sustained and the cost of the lawsuit. Damages can include loss of profits and any expense the victim had to pay because of the forgery. However, the amount of restitution ordered cannot exceed the damage done to the victim.
It was unintentional: While the statute does not state that the accused is required to have the intent to create, alter, or delete data, evidence that the damage was done accidentally could be a defense. We encourage you to talk to a Georgia Computer Crime Attorney if this applies to you.
Innocence: An alibi or other testimony proving you could not have committed the crime would be highly beneficial to your case.
Authority to create, alter, or delete data: Evidence showing that you had authority or consent to create, alter, or delete the data would be helpful to your case.
What are Not Defenses
There is no actual writing that was created or altered: Even if there was no tangible document that was created, altered, or deleted, that would not be a defense to the crime of computer forgery. There does not have to be tangible evidence if it involved data instead of a document or instrument.
Computer crimes can be highly technical and difficult to understand on your own. That is why Lawson and Berry are here to help. Our team of Georgia Computer Crime Attorneys has over 50 years of criminal defense experience and is ready to assist you with your case today. Call us today.