A conviction for data phishing can easily alter the course of your life for the negative-permanently. Find out if your charges can be overcome by consulting with an Austin phishing lawyer.
Phishing is a serious crime and the term comes from "fishing for information" that can be used to steal either property or someone's identity. Identity theft encompasses a large range of crimes, and phishing is a major one. The specifics can be wide ranging and the penalties just as diverse, but with the help of an Austin phishing lawyer from Hines & Holub, you'll be able to bring your case to the best solution possible.
Phishing for Data
A phishing communication can take the form of an email, text message, phone call, or any other type of message. To qualify as phishing, the communication must attempt to get the recipient to divulge personal information like account numbers, birth dates, social security numbers, passwords, or something else that could be used to hurt the person in question.
This is usually accomplished by posing as a respectable entity like a bank, business, security firm, or government agency. Regardless of the type of information sought, the sender's goal is to illegally open accounts or use the victim's information for financial gain.
Websites created for the purpose of fooling people into providing personal information are also covered under phishing laws. This applies to the creator, owner, and operator of the site, so if this doesn't apply to you but you've been accused anyway, an Austin phishing lawyer from our firm will be able to use this information in your defense.
Failed Phishing Attempts Count
It is enough to simply attempt the fraudulent gathering of information, even if the recipient of an email did not respond or the attempt simply failed, the act still qualifies as phishing. Your "failed attempt" may actually be the result of a misunderstanding, however, and your Austin phishing lawyer will discuss this with you in detail during your consultation.
Penalties for Data Phishing
The wide ranging nature of both these crimes and the laws surrounding them means that the charges themselves can be either misdemeanors or felonies. You could receive up to five years in prison, fines of up to $10,000 for every offense, restitution to your accusers, and between one and three years on probation.
Possible Phishing Defenses
To be convicted of phishing, it must be demonstrated that you had the intention of gaining access to personal or sensitive information through fraudulent or deceptive messages. Phishing is somewhat unique in that it's easy for a misunderstanding to result in these criminal charges.
For example, if Joe sends Bob an email and Bob responds with his personal information, then Joe is not committing a phishing crime, but he would still be email by retaining an Austin phishing lawyer to prove it in court. This also applies to businesses accused of acquiring personal information with the intent to use it for business reasons without the consent of the individual.
Consult an Austin Data Phishing Defense Attorney
Prison and a criminal record will follow you for decades-if not for your entire life. Please contact an Austin phishing lawyer from Hines & Holub to discuss the variety of ways that we can help protect your most vital interests and keep you out of jail or prison.
Give us a call at 512-472-6565 to schedule a free and confidential consultation with one of our white collar crime defense attorneys. You may also fill out the form below to have one of our associates contact you at a more convenient time. Do not hesitate to fight charges this serious and protect your future.
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No matter how complex your charges may seem, you can have peace of mind knowing our legal team is behind you. You aren’t in this battle alone. Get our Austin criminal attorneys on your side today.