Criminal Defense — Georgetown, Texas
Computer & Internet Crimes Defense Attorney
Defending individuals and businesses against cybercrime, computer fraud, online solicitation, and federal internet crime charges in Williamson County and throughout Central Texas.
Computer Crime Investigations Are Built on Digital Evidence — and That Evidence Can Be Challenged.
Computer and internet crimes are among the most aggressively prosecuted offenses in both state and federal court. Law enforcement agencies — including the FBI's Cyber Division, the Secret Service, Homeland Security Investigations, and the Texas Department of Public Safety — dedicate substantial resources to investigating cybercrime, and they often build their cases over months before making an arrest.
Digital evidence is not infallible. IP addresses can be spoofed. Devices can be accessed by multiple users. Metadata can be manipulated. Search warrants for digital evidence are frequently overbroad. At Mark Morales & Associates, we retain forensic experts, challenge the integrity of digital evidence, and scrutinize every step of the government's investigation — from the initial warrant to the chain of custody of seized devices.
Whether you are facing a state charge for unauthorized computer access or a federal indictment for wire fraud or child exploitation, we provide experienced, aggressive defense from the moment you retain us.
Computer & Internet Charges We Defend
Computer and internet crimes span a wide range of conduct — from unauthorized access to a single account to large-scale fraud schemes and federal child exploitation charges. We defend clients at every level of this spectrum in state and federal court.
- Unauthorized access to a computer system (Texas Penal Code § 33.02)
- Computer fraud and wire fraud (18 U.S.C. § 1343, § 1030)
- Identity theft and online identity fraud
- Online solicitation of a minor (Texas Penal Code § 33.021)
- Possession or distribution of child sexual abuse material (CSAM)
- Cyberstalking and online harassment
- Phishing, spoofing, and email fraud schemes
- Ransomware and malware deployment
- Hacking and unauthorized network intrusion
- Online theft and e-commerce fraud
- Sexting and unlawful electronic transmission of sexual material
- Dark web and cryptocurrency-related offenses
Penalties for Computer & Internet Crimes in Texas
Texas computer crimes are charged under Chapter 33 of the Texas Penal Code. The severity of the charge depends on the type of offense and the harm caused. Federal charges — which carry separate and often far harsher penalties — apply when the offense involves interstate communications, federal computer systems, or certain categories of content.
| Charge Level | Offense Type | Potential Penalty |
|---|---|---|
| Class B Misdemeanor | Unauthorized access, no harm | Up to 180 days county jail; up to $2,000 fine |
| Class A Misdemeanor | Unauthorized access with intent to defraud | Up to 1 year county jail; up to $4,000 fine |
| State Jail Felony | Breach of computer security, limited harm | 180 days – 2 years state jail; up to $10,000 fine |
| 3rd Degree Felony | Unauthorized access causing significant harm | 2 – 10 years prison; up to $10,000 fine |
| 2nd Degree Felony | Online solicitation of a minor (17 or older) | 2 – 20 years prison; up to $10,000 fine |
| 1st Degree Felony | Online solicitation of a minor (under 14) | 5 – 99 years or life; up to $10,000 fine |
Federal Computer Crime Charges: Severe and Separately Prosecuted
Many computer and internet offenses are prosecuted in federal court under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, or related statutes. Federal charges apply when the offense involves a protected computer (which includes virtually any computer connected to the internet), interstate communications, or federal systems. Federal sentences for computer crimes can range from 5 to 20 years per count, and charges are often stacked — meaning multiple counts can result in decades of imprisonment. Child exploitation offenses carry mandatory minimum sentences of 5 to 30 years in federal prison. There is no parole in the federal system. If you are under federal investigation or have been contacted by federal agents, retaining experienced federal criminal defense counsel immediately is critical.
Why Digital Evidence Is Not Always What It Appears to Be
Law enforcement and prosecutors often present digital evidence as definitive proof — but experienced defense counsel knows better. IP addresses identify a network connection, not a specific person. A shared Wi-Fi network, a compromised router, or a spoofed address can implicate an innocent person. Device ownership does not establish who was using the device at the time of the alleged offense. Metadata can be altered. Search warrants for digital evidence are frequently overbroad, capturing far more data than the warrant authorizes. We work with forensic experts to challenge the integrity, authenticity, and chain of custody of digital evidence — and to present alternative explanations the prosecution has not considered.
How We Defend Computer & Internet Crime Charges
Computer crime cases are technically complex and require defense counsel who understands both the law and the technology. We combine aggressive legal strategy with forensic expertise to challenge the government's case at every stage.
Fourth Amendment Challenges to Digital Search Warrants
Search warrants for computers, phones, and cloud accounts are frequently overbroad — authorizing seizure and search of entire devices when only specific files are relevant. We challenge warrants that lack particularity, that were issued without probable cause, or that were executed in a manner that exceeded their scope. Evidence obtained through an unconstitutional search may be suppressed, which can be case-dispositive.
Challenging IP Address and Device Attribution
An IP address identifies a network — not a person. We challenge the government's assumption that the registered account holder or device owner is the person who committed the alleged offense. Shared networks, open Wi-Fi, compromised routers, and remote access tools can all result in an innocent person's IP address appearing in the government's evidence.
Forensic Expert Analysis
We retain independent digital forensic experts to review the government's evidence, examine the seized devices, and identify weaknesses in the prosecution's technical analysis. In many cases, our experts identify evidence of third-party access, metadata inconsistencies, or chain-of-custody failures that undermine the government's theory of the case.
Lack of Intent or Authorization
Most computer crime statutes require proof that the defendant acted knowingly and without authorization. In many cases — particularly those involving workplace computer access, shared accounts, or ambiguous permission — the authorization question is genuinely contested. We challenge the prosecution's ability to prove criminal intent beyond a reasonable doubt.
Pre-Indictment Intervention
Computer crime investigations often proceed for months before charges are filed. If you have been contacted by federal agents, received a preservation letter, or learned that your devices have been seized, retaining counsel immediately gives us the opportunity to intervene before an indictment — presenting exculpatory evidence, challenging the investigation's direction, and in some cases preventing charges from being filed at all.
Negotiating Reduced Charges and Sentences
When the evidence is substantial, we negotiate for reduced charges, cooperation agreements, or plea resolutions that minimize prison exposure and protect your future. We never accept a resolution without fully evaluating every alternative and ensuring you understand the consequences — including sex offender registration requirements where applicable.
Sex Offender Registration: A Lifelong Consequence
Convictions for online solicitation of a minor, possession or distribution of child sexual abuse material, and certain other internet sex offenses require lifetime registration as a sex offender under the Texas Sex Offender Registration Program. Registration imposes severe restrictions on where you can live, work, and travel — and the registry is publicly accessible. We fight these charges with every available defense, and we make sure clients understand the full consequences of any proposed resolution before they accept it.
Frequently Asked Questions
Federal agents contacted me about a computer crime investigation. What should I do?
Do not speak to federal agents without an attorney present. You have the right to remain silent and the right to counsel — exercise both immediately. Anything you say will be used against you, and federal agents are trained to elicit incriminating statements. Call us before you respond to any contact from the FBI, Secret Service, HSI, or any other federal agency.
Can I be charged with a crime for accessing a computer I had permission to use?
It depends on the scope of your authorization. Texas and federal law prohibit accessing a computer system in a manner that exceeds your authorization — even if you had some level of permission. Employees who access employer systems for unauthorized purposes, or who access accounts beyond the scope of their role, can face criminal charges. We analyze the specific facts of your situation to determine whether the access was authorized.
My IP address was found in the government's evidence. Does that mean I will be convicted?
No. An IP address identifies a network connection, not a specific individual. We challenge IP attribution in every case where it is at issue. Shared networks, open Wi-Fi, compromised routers, VPNs, and Tor exit nodes can all result in an innocent person's IP address appearing in the government's evidence. IP attribution is a starting point for an investigation, not proof of guilt.
What is the difference between a state computer crime charge and a federal charge?
State charges are prosecuted under Texas Penal Code Chapter 33 by the Williamson County District Attorney. Federal charges are prosecuted under the CFAA and related statutes by the U.S. Attorney's office. Federal charges carry significantly harsher penalties, are served in federal prison without parole, and are typically brought when the offense involves interstate communications, federal systems, or certain categories of content such as child exploitation material.
Can computer crime charges be expunged from my record in Texas?
A conviction cannot be expunged. However, if your case is dismissed — including after successful completion of deferred adjudication for eligible offenses — you may be eligible for expunction or a non-disclosure order. Sex offense convictions are not eligible for expunction or non-disclosure. This is one of the most important reasons to fight the charge rather than accepting a plea without fully understanding the long-term consequences.
Treated Like Family. Defended Like Family.
Our Georgetown, Texas office serves clients throughout Williamson, Travis, and Bell counties. All consultations are strictly confidential.