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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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NY Penal Law Article 156 Computer Crimes

In the past we’ve expounded on New York penal laws that have to do with the physical world. But as things have gone increasingly digital, so too have a lot of our crimes migrated to this new realm. So in today’s post we’re going to talk a little bit about computer trespass and tampering laws, starting with some definitions of terms.

Offenses involving computers; definition of terms.

  • When we talk about a computer, we mean a device that, using some sort of technology, can automatically perform certain tasks, including devices that allow the computer to store and later access data.
  • A computer program is an ordered set of data that represents coded instructions that allow the computer to process data and perform operations.
  • Computer data is considered property, and it represents information, facts, concepts, or other types of knowledge that are processed in a computer.

Wherever there’s proof that someone used a computer in a way that bypasses or defrauds a security measure, this is evidence that the person used or accessed this computer without prior authorization.

  • Felony is basically any felony defined in the laws of New York state, or any offense defined in the laws of any other type of jurisdiction.

Unauthorized use of a computer.

First on the list of charges we have unauthorized use of a computer. You’re guilty of this one when you knowingly use a computer without prior authorization. This is a class A misdemeanor.

Computer trespass.

Computer trespass is when you knowingly use a computer without authorization and do this with the intent to commit a felony or knowingly gain access to computer material. This one is a bit more serious, and is a class E felony.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Computer tampering in the fourth degree.

Computer tampering in the fourth degree is when you use a computer without authorization and intentionally alter or destroy data or someone else’s program. This crime is charged as a class A misdemeanor.

Computer tampering in the third degree.

This crime is when you commit the previous crime we mentioned and then go ahead and do this with the intent to commit a felony, or if you’ve been previously convicted of any crime under this article, or if you intentionally alter or destroy some computer material. Computer tampering in the third degree is a class E felony.

Computer tampering in the second degree.

Now to be guilty of this one, you’ll have to have committed computer tampering in the fourth degree and then intentionally alter or destroy data in a total amount of more than $3,000, or else computer material that holds medical records, and due to this destruction one of these people suffers an injury. This is considered a class D felony.

Computer tampering in the first degree.

Computer tampering in the first degree is when you commit the crime of computer tampering in the fourth degree and then intentionally alter or destroy data or a computer program in a way that causes damages of more than $50,000. This is considered a class C felony.

Unlawful duplication of computer related material in the second degree.

Now for this particular crime, you’d have to copy or reproduce computer material that has medical records on it without the permission to do so. This crime is considered a class B misdemeanor.

Unlawful duplication of computer related material in the first degree.

Same thing here, but some distinctions are that this would include any data that deprives its owner of some sort of benefit in excess of $2,500, or any data or program with an attempt to commit a felony. This is considered a class E felony.

Criminal possession of computer related material.

This crime involves knowingly possessing a copy or reproduction of data or a program without having the right to do so. This crime is charged as a class E felony.

Operating an unlawful electronic sweepstakes.

Before we get into the charges for this one, let’s look at one of the terms.

  • Electronic machine or device is an electronically operated machine that’s owned by a sweepstakes sponsor and is intended to be used by an entrant into the sweepstakes.

Now, to be guilty of operating an unlawful electronic sweepstakes, you’d have to knowingly place a device to conduct a sweepstakes with the use of a display, or promote a sweepstakes that’s conducted via an entertaining display. Nothing in this section is considered illegal when it’s operated by the New York state lottery for education. This particular crime is charged as a class E felony.

Offenses involving computers; defenses.

Lastly we’ve got offenses involving computers, and the defenses of these. It’s considered a legitimate defense if you had reason to believe that you had authorized use of the computer in question, or that you had reason to believe you had the right to alter computer data or programs, or if you had reason to believe that you had the right to copy or reproduce computer data or a computer program.
See? That was relatively painless. While lawyers and their associates have to contend with mountains of legalese, we don’t believe you should have to.

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