Cyber Crimes

Cyber Crime Attorney in Chesapeake

Trusted Legal Defense & Advocacy for Computer Crime Cases in Virginia

When you or someone you care about is facing cybercrime charges in Chesapeake, it can be overwhelming and confusing to know where to begin. At Pettrey Law, PLC, our team, led by Attorney Kevin Pettrey, stands ready to provide trusted support, drawing on a decade of advocacy in Chesapeake, Virginia Beach, and Suffolk.

As a dedicated cybercrime attorney in Chesapeake, we blend our understanding of evolving technology laws with direct, responsive communication and legal strategies tailored for your unique situation. Preserving your rights, your privacy, and your peace of mind comes first as we navigate each step with you.

The state is building a case against you, and you need a powerful Chesapeake cybercrime defense lawyer on your side. We offer a free initial consultation and flexible payment plans. Contact us at (757) 796-6996 or reach out online to discuss your legal options.

Understanding Virginia's Computer Crimes Act

Virginia's legal framework for cybercrime is primarily governed by the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.1 et seq.). This legislation outlines a wide array of illicit activities, and a skilled Chesapeake cybercrime defense lawyer must be an expert in its application.

The law makes a distinction between misdemeanor and felony charges, which is often based on the value of the property or services involved or the malicious intent of the accused.

The Virginia Computer Crimes Act covers the following types of offenses:

Computer Fraud (Va. Code Ann. § 18.2-152.3): This involves using a computer or computer network, without authority, to obtain property or services by false pretenses, commit larceny, or embezzle. If the value of the property is $1,000 or more, it is a Class 5 felony. If it is less than $1,000, it is a Class 1 misdemeanor.
Computer Trespass (Va. Code Ann. § 18.2-152.4): This offense involves the malicious and unauthorized use of a computer to cause a malfunction, alter data, or otherwise damage a computer system. The penalties can range from a Class 3 misdemeanor to a Class 6 felony, depending on the amount of damage caused and the malicious intent of the accused.
Invasion of Privacy by Computer (Va. Code Ann. § 18.2-152.5): This crime is committed when a person intentionally examines confidential information without authority. It is a Class 1 misdemeanor, but if the accused uses trickery to obtain identifying information, the charge can be elevated to a Class 6 or Class 5 felony.
Computer Harassment (Va. Code Ann. § 18.2-152.7:1): This crime involves using a computer to "coerce, intimidate, or harass" any person with obscene or threatening language. It is a serious charge that can lead to both civil and criminal penalties.

It is also important to note that many federal laws apply to cybercrimes, particularly those that involve interstate commerce. We will investigate whether federal charges could be filed and will build a defense that accounts for both state and federal statutes.

Key Elements the Prosecution Must Prove

To secure a conviction, the prosecution must prove every element of the specific cybercrime charge beyond a reasonable doubt. We will focus our defense on creating reasonable doubt for each of these elements.

Unauthorized Access or Use: The prosecution must prove that you used a computer or network without the authority to do so. This is a key element in many cybercrime cases, and we can argue that you had either implied or explicit permission to use the computer.
Intent: The prosecution must prove that you acted with a specific criminal intent. For example, for a charge of computer fraud, they must prove you intended to obtain property through false pretenses. For a charge of computer trespass, they must prove you acted with malicious intent. We will present evidence to show that your actions were a mistake or a misunderstanding, not a criminal act.
Damage or Harm: For some charges, such as computer trespass, the prosecution must prove that your actions caused a specific amount of damage. We will challenge the prosecution's valuation of the damage and argue that the damage was less than alleged or that it was non-existent.

A cybercrime attorney in Chesapeake knows that the prosecution’s case often relies heavily on digital evidence, which can be complex and difficult to interpret. We will scrutinize the methods used by law enforcement to collect and handle this evidence, looking for any chain of custody issues, constitutional violations, or other procedural errors.

Why a Local Cyber Crime Lawyer in Chesapeake Makes a Difference

Our local experience helps you navigate processes specific to the Chesapeake Circuit Court and Municipal Center, from unique court scheduling practices to area-specific programs for first-time offenders.

Some computer crime cases—particularly those involving minors, sensitive information, or cross-jurisdictional data—are handled with particular rigor in Chesapeake, which is why having a defense team versed in the region’s expectations is essential.

Negotiating with prosecutors, understanding the climate of area courts, and knowing when and how to pursue diversion, dismissal, or reduced charges gives you a practical advantage when facing technology-based criminal allegations in Chesapeake.

If you are accused of any of the following, we are ready to stand by your side:

Allegations of unauthorized computer access, such as hacking, data breaches, or system intrusions
Charges related to identity theft, phishing, or digital fraud, including the use of stolen information for financial gain
Cyberstalking or online harassment complaints with allegations of repeated unwanted contact or threats over digital platforms
Internet-based theft, wire fraud, or online financial crimes investigated by Virginia and federal agencies
Possession or distribution of illegal digital content under state or federal statutes

Our team’s approach includes in-depth case analysis, fact-finding, and negotiating with prosecutors or litigating in court as needed. You gain a partner who keeps you informed and invested in the process while tirelessly working to minimize the negative impact on your life and reputation.

Pettrey Law, PLC, offers free consultations and flexible payment plans. Let a cyber crime attorney in Chesapeake begin building your defense today. Call us at (757) 796-6996 or fill out our online form now.

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Mr. Pettrey treats clients with honesty and respect, providing personalized attention and dedicated service for the best outcomes in challenging situations.

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Penalties and Collateral Consequences of a Cybercrime Conviction

A conviction for a cybercrime in Virginia can lead to severe direct and collateral penalties that will affect your life for years to come.

Direct Penalties

Prison or Jail Time: A conviction can result in a sentence ranging from a few months in jail for a misdemeanor to a decade or more in prison for a felony.
Fines: Fines can be significant, ranging from a few hundred dollars to tens of thousands of dollars.
Probation: You may be sentenced to a period of probation, during which you must adhere to strict conditions, such as limited internet use or computer access.

Collateral Consequences

The collateral consequences of a cybercrime conviction are often just as devastating as the direct penalties.

Criminal Record: A felony conviction will appear on your criminal record, making it difficult to find a job, secure housing, or obtain a loan.
Professional Licensing: Many professions, particularly those in the tech or finance industries, require a clean criminal record. A conviction can result in the suspension or revocation of your professional license.
Reputation Damage: A cybercrime conviction can cause irreparable damage to your reputation, affecting your relationships with family, friends, and the community.
Civil Lawsuits: In addition to criminal charges, you may also face a civil lawsuit from the victim to recover damages.

The Virginia Criminal Defense Process for Cybercrime Charges

The legal process for a cybercrime charge is complex, and it begins from the moment you are suspected of a crime. We will be by your side from the very beginning, guiding you through every stage and ensuring your rights are protected.

Investigation and Search Warrant: A cybercrime investigation often begins with law enforcement obtaining a search warrant to seize your computer, phone, or other electronic devices. It is crucial that you do not interfere with this process and that you contact an attorney immediately.
Arraignment and Bond Hearing: At your first court appearance, a judge will inform you of the charges and set your bond. We will be there to argue for a reasonable bail or for your release on your own recognizance.
Preliminary Hearing or Grand Jury: For a felony charge, the prosecution must either present evidence at a preliminary hearing to a judge or to a grand jury to show probable cause. We will use this opportunity to challenge the evidence and lay the groundwork for a strong defense.
Discovery: We will obtain and meticulously review all the evidence the prosecution has against you, including forensic analysis reports, search warrant affidavits, and witness statements. We will also conduct our own independent investigation to uncover all the facts.
Plea Negotiations: Throughout the process, we will negotiate with the prosecutor to secure the best possible plea deal. This may involve a reduction of charges or an agreement for a lighter sentence.
Trial: If a plea agreement cannot be reached, we are prepared to take your case to trial. We have extensive trial experience and will present a compelling defense to a judge or jury, fighting for a "not guilty" verdict.

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Proven Results
Committed to excellence and proven success, we strive for favorable outcomes using experience and innovative legal strategies to protect your rights and interests.
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We pride ourselves on building trust with our clients through open communication and honest advice. At Pettrey Law, you will always know where your case stands and the options available to you.
Compassionate Counsel
We understand that legal matters can be stressful and emotional. Our team is here to provide not only expert legal advice but also the empathy and understanding you need during challenging times.
Client-Centered Advocacy
At Pettrey Law, PLC, your needs come first. We focus on personalized legal strategies, ensuring you receive the guidance and support tailored to your unique situation.

What Sets Our Chesapeake Cyber Crime Defense Team Apart

Clients in Chesapeake choose us because we focus on more than just the law—we put your needs at the center of our practice. Here’s what makes our approach different when you hire a cybercrime attorney in Chesapeake:

Consistent, direct involvement by a recognized attorney: Attorney Kevin Pettrey works directly on every case, setting a higher bar for personal service and attention.
Clarity in complex legal matters: We translate digital technology and criminal law into clear choices, empowering you to make informed decisions throughout your case.
Accessible representation & flexible costs: Our free initial phone consultations, payment plans, and financing options make it easy to get started without delay.
Respected by peers and clients alike: Our firm’s recognition by Super Lawyer Rising Star and the National Association of Distinguished Counsel is only part of our reputation for diligent, ethical advocacy.

We are committed to building trust and delivering strong advocacy in even the most challenging cybercrime matters. We offer flexible meeting options for your convenience, prioritize confidentiality and privacy at every stage, and take pride in our reputation for ethical representation across Hampton Roads.

Our Comprehensive Approach to Cybercrime Defense

At Pettrey Law, PLC, we believe in a proactive and strategic defense.

As your dedicated Chesapeake cybercrime defense lawyer, we will:

Challenge the Legality of the Search: We will scrutinize the search warrant to ensure that it was based on probable cause and that law enforcement did not exceed the scope of the warrant. If the warrant was invalid, we will file a motion to have all evidence suppressed.
Dispute Intent and Identity: In many cybercrime cases, the key is to create reasonable doubt about whether you were the person who committed the crime or whether you acted with criminal intent. We will gather evidence to show that your computer was compromised, that someone else had access to it, or that your actions were an honest mistake.
Engage Forensic Experts: We work with a network of skilled digital forensic experts who can analyze the prosecution’s evidence and find flaws in their analysis. Our experts can challenge the integrity of the data and present alternative explanations for the evidence.
Negotiate with the Prosecution: We will use our negotiating skills and our knowledge of the prosecution's case to argue for a reduction in charges or a more favorable plea deal. We are experienced negotiators who will not back down.

Contact a Cyber Crime Attorney in Chesapeake for Knowledgeable Guidance

If you’re facing cybercrime charges or an investigation in Chesapeake, taking early action is crucial. Our team’s commitment to personalized legal strategies, transparent communication, and accessibility ensures you receive high-quality representation tailored to your needs.

Connect with Pettrey Law, PLC at (757) 796-6996 for your free, confidential phone consultation, and let us address your questions and put your mind at ease.

Frequently Asked Questions

What Should I Do If Police Contact Me About a Cyber Crime?

If police contact you, refrain from making statements or giving access to your devices without consulting an attorney. Politely decline to answer questions until you have legal representation present.

What Are Common Cyber Crime Charges in Virginia?

Common charges include computer fraud, identity theft, unauthorized computer access, and distribution of illegal content. These charges may be prosecuted under state or federal law, with potentially severe penalties.

How Is Digital Evidence Handled in Cyber Crime Cases?

Digital evidence must be collected and preserved following strict procedures. Any failure by law enforcement to do so could provide a basis for challenging evidence admissibility in court.

Can a Cyber Crime Accusation Affect My Job or Education?

Yes, cyber crime charges can lead to employment consequences and affect educational opportunities. A criminal record may also have long-term impacts on your reputation and future prospects.

Is a Consultation with a Cyber Crime Lawyer Confidential?

Yes, all consultations are strictly confidential, regardless of whether or not you decide to proceed with representation. Your privacy and legal rights are protected throughout the process.

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