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Computer Tampering, Computer Crimes & Release of Confidential Computer Information

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Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
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Computer Tampering, Computer Crimes & Release of Confidential Computer Information

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 200+ Miscellaneous Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Miscellaneous Crimes Victories!

Beware of Miscellaneous Crimes Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Miscellaneous Crimes Attorney and Miscellaneous Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Miscellaneous Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Computer Crimes Crimes Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Computer Crimes Crimes cases.

Every Major Felony Computer Crimes Crimes case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Computer Crimes Law Team in Arizona

How do you know who has the best Computer Crimes Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Computer Crimes in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Computer Crimes Crime Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Computer Crimes Crime Defense Team, DM Cantor.

David is a highly-skilled Computer Crimes Defense Lawyer who knows the Computer Crimes laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Computer Crimes Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Computer Crimes Crimes overview as to how the DM Cantor Phoenix Computer Crimes Crimes Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Computer Crimes. So whether you have a single Computer Crimes charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Computer Crimes Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Computer Crimes Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Computer Crimes charge.

What are Computer Crimes in Arizona?

In Arizona, according to A.R.S. §13-2316, §13-2316.01 and §13-2316.02, “Computer Tampering”, “Unlawful Possession of an Access Device”, and “Unauthorized Release of Proprietary or Confidential Computer Security Information” are sometimes collectively referred to as “computer crimes.”

These statutes are very broad and criminalize a lot of conduct relating to the use of computers. Each statute is very detailed and has numerous provisions of prohibited conduct and the potential punishments. Thus, we have included a discussion in very general terms, and included only a select few of the most common provisions and their potential punishments. If charged with a computer crime in Arizona, you should seek the advice of a knowledgeable criminal defense attorney to review the specific details of your case.

Under A.R.S. §13-2316, Computer Tampering, in very general terms, usually occurs when somebody “hacks” into a system (meaning, they entered the computer system without any authority, or exceeded what authority they did have) to knowingly or recklessly disrupt, alter, damage, delete, or destroy that particular system’s data or programs. This crime is often charged when a disgruntled employee is leaving the business and they choose to “crash” the system or corrupt data of the company.

Another situation where this can be charged is when a hacker attempts to obtain confidential data from someone else’s computer, or when a person uses a computer to terrorize or threaten another person. The crime can be prosecuted in the Arizona county in which the victimized computer or network resides, the computer utilized to commit the crime resides, the documents or data were located, any authorized user was denied service or where they reside, or any county in which a critical infrastructure resource which was tampered with is located.

On conviction of a violation of this section, the court shall order that any computer system or instrument of communication that was owned or used exclusively by the defendant and that was used in the commission of the offense be forfeited and sold, destroyed or otherwise properly disposed. Typically Computer Tampering crimes are either class three (3) or four (4) felonies, unless the computer, computer system, or network tampered with is a critical infrastructure resource, (i.e., a power plant or power grid) in which case it is a class two (2) felony.

Under A.R.S. §13-2316.01, Unlawful Possession of an Access Device occurs when a person knowingly possesses, sells, trafficks, controls, or publishes an Access Device without the consent of the issuer, with the intent to use or distribute that access device. It is presumed when a person possesses five (5) or more access devices without the consent of the issuer that he intended to use or distribute the devices. Unlawful possession of one hundred (100) or more access devices is a class four (4) felony. Unlawful possession of five (5) or more but fewer than one hundred access devices is a class five (5) felony. Unlawful possession of fewer than five (5) access devices is a class six (6) felony.

Under A.R.S. §13-2316.02, Unauthorized Release of Proprietary or Confidential Computer Security Information occurs by a person communicating, releasing, or publishing proprietary or confidential computer security information, security-related measures, algorithms or encryption devices relating to a particular computer, computer system or network without the authorization of its owner or operator. Typically, this is charged when computer hackers distribute information and means to other hackers regarding ways to bypass certain computers’ security systems. There are numerous groups of individuals to whom this statute does not apply, including publishers, vendors, users and researchers of warnings or information about security measures or defects in software. Unauthorized release of proprietary or confidential computer security information is a class 6 felony, unless the security information relates to a critical infrastructure resource, in which case it is a class 4 felony.

Contact Phoenix computer crimes lawyer, David Michael Cantor, if you have been arrested or are being questioned for computer related crimes. Call us at any time 602-307-0808 for a Free Initial Consultation.


Possible Punishments for Computer Crimes

Class 2 Felony
If the computer which has been tampered with is a critical infrastructure resource, then this Computer Crime can be charged as a class two (2) felony, and carries the follow possible punishments:

  • Probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration.
  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

Class 3 Felony
If the computer tampered with was used with the intent to devise or execute any scheme or artifice to defraud, or deceive or control property of services by means of a false or fraudulent pretense, representation, or promise, then this Computer Crime can be charged as a class three (3) felony.

  • For a first offense class three (3) felony, punishment can be probation with zero (0) days to one (1) year in jail, or prison range of two (2) to eight and three quarters (8.75) years in prison.
  • If the person has one (1) allegeable historical prior conviction then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

Class 4 Felony
– If the computer tampering was committed with the intent to alter, destroy, delete computer programs and data, or to deny access to that data, then this Computer Crime can be charged as a class four (4) felony.
– Possession of 100 or more access devices is also a class four (4) felony.
– Lastly, the Unauthorized Release of Proprietary or Confidential Computer Security Information which relates to a critical infrastructure resource is also a class four (4) felony.

  • For a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail, or prison of one (1) year to three and three quarters (3.75) years of incarceration.
  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) to seven and one half (7.5) years of incarceration.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) to fifteen (15) years of incarceration.

Class 5 Felony
– If the computer was tampered with, or was recklessly used, in order to engage in a scheme or course of conduct that is directed at another person that seriously alarms, torments, threatens or terrorizes that person, then this Computer Crime can be charged as a class five (5) felony.
– In addition, the Unlawful Possession of five (5) or more, but fewer than 100, Access Devices is also a class five (5) felony.

  • For a first offense class five (5) felony, punishment can be probation with zero (0) days up to one (1) year in jail, or prison of six (6) months to two and one half (2.5) years in custody.
  • If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is one (1) to three and three quarters (3.75) years of incarceration.
  • If the person has two (2) historical allegeable prior felony convictions then the “prison only” range is three (3) years to seven and one half (7.5) years of incarceration.

Class 6 Felony
– Any person who tampers with a computer and knowingly obtains non-public records or information that is required by law to be kept confidential, or a person simply knowingly accesses any computer or data that is contained in a computer system without the owner’s permission, commits a class (six) 6 felony.
– Unlawful Possession of fewer than five (5) Access Devices is a class six (6) felony.
– Unauthorized Release of Proprietary Confidential Computer Security Information that is not related to a critical infrastructure resource can also be charged as a class six (6) felony.

  • For a first offense a class six (6) felony, punishment can be probation with zero (0) days up to one (1) year in jail, or prison of four (4) months to two (2) years of incarceration.
  • If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison.
  • If the person has two (2) historical allegeable prior felony convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.

Possible Defenses for Computer Crimes

A key defense for these types of Computer Crimes is that the defendant was framed and/or his identity was mistaken for that of another person. These defenses are typically applicable when another person (i.e., a “hacker”) utilizes the defendant’s computer terminal (or somehow routes the tampering wirelessly through the defendant’s computer without physically being present at the defendant’s computer), without the defendant’s knowledge. In today’s world, hackers are getting very sophisticated and have found ways to reroute IP addresses in order to misdirect suspicion. Thus, there will be no trace of the illegal activity to the hackers’ computer, only to the innocent and unsuspecting defendants’ computer. In addition, co-workers will often know each other’s passwords, and then they will use a co-worker’s terminal to commit unauthorized access of data or computer tampering. This is not unlike a bank teller “dipping” into another bank teller’s cash drawer in order to take funds and blame it on their co-worker.

Another possible defense to a Computer Crimes charge would be the defendant’s lack of intent to do the damage described in the statute (i.e. intent to delete programs, share security secrets, etc.). For example, a “hacker” may simply be attempting to get into a database in order to alter a website for humorous purposes, and not for deceptive or identity theft purposes. Many times the prosecutors will overcharge these types of crimes, and it is necessary to interview and hire forensic computer experts to contradict the state’s evidence against the defendant.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues.

Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case including computer analysis/cloning hard drive procedures; forensic financial accounting reviews, fingerprints, and IP tracing. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Computer Crimes lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

Click here… if you have not been charged with Computer Crimes yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Computer Crimes lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Computer Crimes Lawyers in Arizona know the system well.

The Collateral Consequences Of An Computer Crimes Conviction

The effects of a Computer Crimes conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Computer Crimes Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Computer Crimes Crimes, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Computer Crimes Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Computer Crimes Crimes Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Computer Crimes Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Computer Crimes Crimes Lawyers always offer free consultations for an initial visit with our Phoenix Computer Crimes Crimes Defense Attorneys. We are often considered to be the “best Computer Crimes Crimes Defense Lawyer”.

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