A Texas computer crimes lawyer defends people charged with breach of computer security, unauthorized access, or related state and federal cybercrime charges.
The Law Offices of Richard C. McConathy has defended more than 6,000 criminal cases across Texas over more than 35 years, and Richard C. McConathy personally handles computer crime charges from the first phone call through trial.
Clients work directly with him, not a case manager, and our firm takes calls related to an arrest 24 hours a day. Call (972) 233-5700 to speak with our firm.
How The Offices of Richard C. McConathy Defend Texas Computer Crime Charges?
We build a defense around the specific access alleged, the dollar amount prosecutors claim, and whether the evidence actually proves who was behind the keyboard. Digital evidence gets challenged far more often than people expect, and that challenge often decides the case.
Direct Attorney Access
Richard C. McConathy has handled more than 6,000 criminal cases across Texas, with more than 1,000 resulting in a dismissal, and he stays personally involved in every computer crime case our firm takes. You speak with him directly, not a paralegal relaying updates secondhand, and that access starts from your first call and continues through resolution.
Our firm answers calls related to an arrest, a search warrant, or a subpoena 24 hours a day, since law enforcement does not wait for business hours to execute a warrant on a home or an office.
What Counts as a Computer Crime in Texas?
A computer crime in Texas generally means accessing a computer, network, or system without the effective consent of the owner, which is the core conduct banned under state law.
The Texas Computer Crimes Statute Explained
Texas Penal Code Section 33.02, Breach of Computer Security, covers several distinct scenarios that all fall under the same statute. These include:
- Logging into an account, device, or network without the owner's permission violates the statute.
- Using someone else's login credentials without current consent violates the law, even if you once had permission.
- Accessing a computer system with intent to defraud, harm, or alter stored data raises the charge level.
- Continuing to access a system after permission has been revoked still counts as a violation.
Can a Computer Crime Charge Become a Federal Case?
A computer crime charge may become a federal case when it involves interstate networks, government systems, or financial institutions, since those situations fall under 18 U.S.C. Section 1030, the primary federal computer crime law.
Signs a Computer Crime Case May Go Federal
Certain facts push a case out of state court and into a Texas federal district court, most often the U.S. District Court for the Northern District of Texas in the Dallas-Fort Worth area. Watch for:
- The alleged access crossed state lines or involved a server located outside Texas.
- The case involved a federal agency, bank, or government computer system.
- The FBI or Secret Service opened the investigation instead of local police.
- The alleged conduct involved multiple victims or a coordinated scheme.
A federal computer crime case moves differently than a state case, with its own agents, prosecutors, and sentencing rules, which is why identifying jurisdiction early changes the entire defense strategy.
What Are the Penalties for a Texas Computer Crime Conviction?
Penalties for a Texas computer crime conviction range from a Class C misdemeanor with a fine only, up to a first-degree felony punishable by 5 to 99 years or life, depending on the dollar amount prosecutors attach to the case.
Penalty Levels by Dollar Amount
Texas law ties the punishment level directly to a specific dollar figure once intent to defraud or harm applies. The table below breaks down each level.
| Aggregate Amount Involved | Classification | Standard Penalty Range |
| Under $100 | Class C misdemeanor | Fine up to $500 |
| $100 to $749 | Class B misdemeanor | Up to 180 days in jail, fine up to $2,000 |
| $750 to $2,499 | Class A misdemeanor | Up to 1 year in county jail, fine up to $4,000 |
| $2,500 to $29,999 | State jail felony | 180 days to 2 years in state jail |
| $30,000 to $149,999 | Third-degree felony | 2 to 10 years in prison |
| $150,000 to $299,999, or any government or critical infrastructure system | Second-degree felony | 2 to 20 years in prison |
| $300,000 or more | First-degree felony | 5 to 99 years or life in prison |
Enhancements That Increase the Charge
Several specific facts move a case up the penalty chart beyond the base dollar amount alone. These include:
- The computer or network belonged to the government or a critical infrastructure facility.
- The person had two or more prior convictions under the same statute.
- The access involved obtaining another person's identifying information.
- The scheme involved multiple computer systems accessed as part of the same case.
What Happens After You're Charged With a Computer Crime in Texas?
Getting charged with a computer crime in Texas usually follows a digital forensic review, an arrest or a summons, and an arraignment where the court enters the formal charge.
What Happens After an Arrest or Search Warrant
Cases involving digital evidence tend to move through a distinct set of early steps before a court even sets a trial date. The process typically includes:
- Law enforcement or a hired examiner conducts a forensic review of seized devices, accounts, or server logs.
- Investigators send subpoenas to internet providers, employers, or cloud storage companies for account records.
- An arrest or a summons leads to an arraignment, where the accused enters a plea.
- Pretrial motions may challenge how officers obtained or preserved the digital evidence.
Each of these steps creates a chance to challenge the state's evidence before trial, and the earlier a defense attorney gets access to the forensic record, the more those challenges tend to matter.
FAQs for Texas Computer Crimes Lawyers at Law Offices of Richard C. McConathy
Can I get in trouble for using my ex's email password even if they gave it to me before?
Yes, continuing to access an account after consent ends may violate Texas Penal Code Section 33.02, even if you had permission at some point in the past. Consent that existed during a relationship does not carry forward automatically once it ends.
Will the FBI investigate a computer crime instead of local police?
Sometimes, the FBI or Secret Service takes over a computer crime investigation when it involves interstate activity, a government system, or a financial institution. Local police typically handle cases confined to a single device or account within Texas.
Is looking at someone's phone or computer without permission a crime in Texas?
Yes, accessing a phone, computer, or account without the owner's consent may violate Texas law even without financial loss involved. The charge level then depends on whether any intent to defraud or harm applied.
How do prosecutors calculate the dollar amount in a computer crime case?
Prosecutors calculate the dollar amount using the cost of the data, service, or damage tied to the alleged access, and they may combine multiple incidents into one aggregate figure. That total often determines whether the charge stays a misdemeanor or becomes a felony.
Can a workplace computer crime charge affect a professional license?
Yes, a computer crime conviction may affect a professional license, especially in fields that require state licensing boards to review criminal history. The specific impact depends on the license type and the board's own rules.
Is it illegal to access a work computer after being fired in Texas?
Yes, accessing a former employer's computer or network after termination is illegal in Texas once your authorization to use that system ends, regardless of how you originally obtained login credentials.
Does a computer crime charge require proof that data was actually stolen?
No, Texas law only requires unauthorized access itself for the base offense, though prosecutors need to prove intent to defraud or harm to reach the higher, dollar-based penalty levels.
Can a first-time computer crime charge in Texas result in jail time?
Sometimes, a first-time charge involving a small dollar amount often resolves as a Class B or Class C misdemeanor without jail time, but a first-time felony-level charge may still carry a custody sentence.
Does using a VPN or fake identity make a computer crime charge worse?
Yes, prosecutors often treat efforts to hide identity or location as evidence of intent, which may support a higher enhancement or a more serious charge.
How long does a Texas computer crime investigation usually take?
Digital forensic investigations often take several months to complete, since examiners need time to review devices, account records, and server logs before prosecutors decide on formal charges.
Take Action on a Texas Computer Crime Charge
Digital evidence in a computer crime case gets collected fast, but it does not always get analyzed correctly, and that gap works in your favor when the right attorney reviews it early.
The Law Offices of Richard C. McConathy defends computer crime charges across Texas, from a first misdemeanor citation through a federal indictment.
Call (972) 233-5700, we are available 24/7.