Miami Internet Crime Attorneys

The Evolution of Internet Crimes

Accusations of internet crimes have serious consequences. These cases are prosecuted in state and federal courts. Even after four decades of case law under statutes like the Computer Fraud and Abuse Act, the laws governing commerce and communication over the internet remain consistently fluid, with new regulations, cases, and statutes on a regular basis. In many cases, what was legal yesterday is illegal today.

The Federal Bureau of Investigation’s Internet Crime Complaint Center (IC3) received at least 1,008,597 complaints in 2025, with reported losses of $20.877 billion, a 26% increase over the year before (Source: FBI IC3, 2025 Annual Report). Miami’s concentration of financial services, healthcare providers, and international business makes South Florida a frequent focus of these investigations.

Some common internet crimes include:

• Fraud and gambling
• Internet pharmacies
• Illegal media distribution
• Internet piracy
• Pornography

Being charged with an internet crime can profoundly impact an individual’s life, leaving them feeling overwhelmed and uncertain about their future. The rapidly evolving nature of internet crimes, such as hacking, identity theft, and online fraud, means that many people are unaware of the complexities and legal ramifications associated with these offenses.

The services of an internet crimes lawyer from Jeffrey S. Weiner, P.A. can help you get ahead of the challenges these unique charges can cause. Our experience with internet law can provide you with the guidance you need. We will fight to protect your rights and build a strong defense tailored to your specific case, giving you the best possible chance of a favorable outcome in court.

If you have been charged with an internet crime, or believe you are under investigation, the decisions you make in the first few hours matter. Jeffrey S. Weiner, P.A. has defended internet and computer crime cases in state and federal court for decades. Call (305) 670-9919, available 24 hours a day, seven days a week, for a free and confidential consultation.

The Expanse of Internet Crimes

There are several computer activities that individuals might unknowingly engage in that are illegal, potentially leading to criminal charges:

• Unauthorized Access to Networks: Accessing a secure network without permission, even accidentally, can be considered hacking.
• Improper Use of Social Media Platforms: Engaging in activities like creating fake profiles, impersonation, or cyberbullying can result in criminal charges.
• Downloading or Sharing Files Without Permission: Downloading or sharing copyrighted content, such as movies, music, or software, without proper authorization is considered illegal distribution or piracy.
• Online Fundraising Scams: Participating in or unknowingly supporting fraudulent fundraising campaigns can lead to charges of fraud.
• Unauthorized Software Installation: Installing and using software without appropriate licensing can lead to intellectual property violations.
• Engaging in Phishing or Scamming Activities: Sending unsolicited emails that solicit personal information for fraudulent purposes is a serious offense.
• Digital Identity Theft: Using someone else’s personal information online without their consent is a violation of privacy laws and constitutes identity theft.
• Using Unsecured Networks: Accessing and transmitting sensitive information over unsecured networks can lead to charges if the data is intercepted and misused.
• Unintentional Cyberstalking: Repeatedly sending messages or monitoring someone’s online activity without their consent can be considered harassment or stalking.
• Violating Data Privacy Regulations: Collecting, storing, or sharing personal data without complying with data protection laws can result in severe penalties.
• Cryptocurrency and Financial Crimes: Participating in illegal activities involving cryptocurrency, such as money laundering or unauthorized trading, can lead to financial crime charges.

There are many internet-related crimes, including newly defined offenses, often with enhanced penalties. Understanding the scope and implications of these activities is crucial for individuals and businesses alike to avoid inadvertent legal issues. At Jeffrey S. Weiner, P.A., our experienced attorneys can help you understand your risk under fast-changing internet laws.

Our lawyers can intervene immediately on behalf of clients facing crimes relating to the use of computers on the Internet. Even the use of the Internet to download motion pictures, images, audio, or video can result in criminal charges. On a daily basis, people are investigated and prosecuted by multiple international, federal, and state law enforcement agencies and task forces. Don’t face these legal issues alone.

Federal Charges: The Computer Fraud and Abuse Act

Most federal internet crime cases are charged under the Computer Fraud and Abuse Act, found at 18 U.S.C. § 1030. This law makes it a crime to access a computer without authorization, or to exceed authorized access, and then use that access to obtain information, commit fraud, or cause damage.

Penalties depend on what happened and how much harm resulted. For example, a simple, first-time violation involving unauthorized access to obtain information can carry up to one year in federal prison. That rises to five years if the access was for financial gain, in furtherance of another crime, or involved information worth more than $5,000. A first-time fraud offense under the Act can carry up to five years, rising to ten years for a repeat offense. Violations involving national security information carry up to ten years for a first offense and up to twenty years for a repeat offense (18 U.S.C. § 1030(c)). 

These cases in Miami are typically investigated by the FBI, the U.S. Secret Service, or Homeland Security Investigations, often in coordination with the Department of Justice’s Computer Crime and Intellectual Property Section. They are prosecuted in the U.S. District Court for the Southern District of Florida. Because federal sentencing depends heavily on loss amount and intent, how a case is framed in its earliest stages can shape the outcome for years to come.

Florida State Charges: Chapter 815 of the Florida Statutes

Florida also prosecutes internet and computer crimes under its own law, Chapter 815 of the Florida Statutes. Section 815.06 makes it a crime to access a computer, network, or electronic device without authorization. 

Most violations are charged as a third-degree felony, punishable by up to five years in prison. The charge becomes a second-degree felony, punishable by up to 15 years, if the offense involves a scheme to defraud, causes at least $5,000 in damage, or disrupts a government or public service. It becomes a first-degree felony, punishable by up to 30 years, if the offense endangers a person’s life, such as by disrupting medical equipment.

Florida cases are often filed alongside, or instead of, federal charges, particularly when the accused person, the victim, and the affected computer system are all located within Miami-Dade County.

Possible Defenses for Internet Crime Accusations

When accused of an internet crime, it is crucial to have a strong defense strategy to challenge the prosecution’s case and protect your rights. Various defenses can be used depending on the specific circumstances of the charges. Here are some common defenses used in internet crime cases:

• Lack of Intent: Many internet crimes require the prosecution to prove that the accused had the intent to commit the crime. Demonstrating that there was no malicious intent or that actions were accidental or unknowing can be a strong defense.
• Unauthorized Access: In cases involving hacking or unauthorized network access, the defense might argue that the accused had authorization or legitimate access to the network. If the access was unintentional or due to a misunderstanding, this could also serve as a defense.
• Identity Theft/Misidentification: It is not uncommon for someone’s personal information or digital identity to be used by another individual to commit crimes. Arguing that the crime was committed by someone else using the accused’s identity can be an effective defense.
• Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. A defense strategy may involve highlighting gaps or inconsistencies in the evidence, demonstrating that the evidence presented is insufficient to support a conviction.
• Entrapment: If law enforcement induced the accused to commit a crime they otherwise would not have committed, this can be argued as entrapment. This defense is particularly relevant in situations where undercover operations are involved.
• Mistaken Belief: In some cases, the accused might genuinely believe that their actions were legal. For instance, if someone downloaded a file from a website they believed had the proper rights to distribute it, this mistaken belief can be part of a defense.
• Violation of Rights: The defense can argue that the accused’s constitutional rights were violated during the investigation or arrest. Any evidence obtained through illegal searches, seizures, or without proper warrants might be inadmissible in court.

At Jeffrey S. Weiner, P.A., we understand the complexities of defending internet crime cases. Our attorneys will thoroughly investigate all aspects of your case, identify all possible defenses, and represent you fully in state or federal court. We are committed to protecting your rights and achieving the best possible outcome.

Why Choose Jeffrey S. Weiner, P.A. for an Internet Crime Case

Internet crime cases move fast. Prosecutors often build a case using search warrants, subpoenas to internet service providers, and forensic images of hard drives and phones before the accused person even knows an investigation is underway. Jeffrey S. Weiner has practiced criminal defense in Miami since 1974 and personally argued Florida v. Jimeno, 500 U.S. 248 (1991), before the United States Supreme Court, a case that still governs how courts analyze consent-to-search issues today.

That experience matters in an internet crime case, where the outcome often turns on whether a search of a computer, phone, or cloud account was properly authorized in the first place. Our firm has represented clients in Florida state court, federal court, and in matters involving multiple countries. In one case we secured the dismissal of felony child pornography charges after prosecutors were convinced the client had no knowledge that the files at issue were illegal. While past results do not guarantee an outcome in future cases, we bring the same dedication and experience to every client we represent.

Over Four Decades of Experience

Since 1974, Miami criminal trial attorney Jeffrey S. Weiner has been at the forefront of new defense strategies as they relate to the internet and so-called “computer crimes.” A respected and experienced criminal defense attorney, legal commentator, lecturer, and author, Jeffrey S. Weiner is frequently asked to assist his peers in identifying legal methodologies utilized by government prosecutors and agents.

Our firm represents clients throughout South Florida, the nation, and internationally.

Frequently Asked Questions

Is looking at something online by accident a crime?

Usually not. Most internet crime laws, including Florida Statute 815.06 and the federal Computer Fraud and Abuse Act, require proof that you knew what you were doing. Accidentally opening a file or link is not, by itself, a crime.

Can I be charged with a federal crime and a state crime for the same conduct?

Yes. Federal and Florida prosecutors can both bring charges for the same online conduct, and sometimes they do. An attorney can help determine which court your case is likely to end up in and why.

What should I do if federal agents want to search my phone or computer?

Say that you want to speak with your attorney before answering questions or agreeing to any search. You have the right to remain silent and the right to refuse consent to a search without a warrant.

Does deleting files after being contacted by investigators make things worse?

Yes. Deleting files, wiping devices, or destroying evidence after you learn of an investigation can lead to separate obstruction charges, even if the original conduct was not a crime.

Can a first-time offender go to prison for an internet crime?

It depends on the charge and the amount of loss involved. Some internet crime charges carry mandatory minimums, while others allow for probation, especially for a first offense with no prior record.

Will an internet crime charge show up in a background check?

An arrest or conviction can appear in background checks used by employers, landlords, and licensing boards. This is one reason early legal intervention matters, particularly for professionals whose licenses are on the line.

If you are facing criminal charges or under investigation in South Florida, do not wait. Call Jeffrey S. Weiner, P.A. at (305) 670-9919 — available 24 hours a day, 7 days a week. Free initial consultations. All communications are confidential.