Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
Computer crimes in Texas represent a rapidly growing threat that can fundamentally alter your future. Texas ranks second nationally in cybercrime complaints, with Texans reporting $1.35 billion in losses in 2024—a $328 million increase from the prior year.
A skilled criminal defense lawyer Dallas can help you navigate the unique technical and legal issues at the heart of cybercrime accusations, from data tracing to search-and-seizure challenges.
At the Law Offices of Richard C. McConathy, we understand the complex technical and legal challenges that computer crime cases present. With over 35 years of experience defending clients throughout Texas, our team has successfully handled cybercrime cases ranging from unauthorized access charges to complex federal investigations involving multiple jurisdictions.
Computer crimes in Texas are governed by Title 7, Chapter 33 of the Texas Penal Code. The law encompasses unauthorized use or manipulation of computer systems, networks, or data, with Texas prosecutors aggressively pursuing these charges due to substantial financial losses and multiple victims.
Key legal concepts include:
Computer crimes often involve complex questions about authorized access. For example, when an employee’s access permissions are revoked but technical systems haven’t been updated, questions arise about what constitutes “effective consent” under Texas law. These technical and legal nuances require experienced representation to properly defend.
Texas Penal Code Section 33.02 makes it a Class B misdemeanor for anyone who “knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.” However, penalties escalate dramatically based on specific circumstances:
| Charge Level | Circumstances | Penalties |
|---|---|---|
| Class B Misdemeanor | Basic unauthorized access | Up to 180 days jail, $2,000 fine |
| State Jail Felony | Prior convictions (2+) OR government/critical infrastructure systems | 180 days – 2 years state jail, up to $10,000 fine |
| Third Degree Felony | Intent to defraud with aggregate loss $30,000-$150,000 | 2-10 years prison, up to $10,000 fine |
Our defense strategy often focuses on challenging the “without effective consent” element, particularly in workplace situations where access permissions may be ambiguous or disputed.
Online fraud cases frequently involve sophisticated schemes that prosecutors treat as serious felonies. These charges often accompany identity theft defense allegations, creating multiple legal challenges.
Common schemes include:
Texas Penal Code Section 33.021 addresses online solicitation of minors, making it a felony for adults to communicate in a sexually explicit manner with minors or distribute explicit material to children. These cases carry serious penalties and social stigma, requiring immediate specialized legal attention.
Learn more about online solicitation defense strategies.
Online impersonation under Texas Penal Code Section 33.07 criminalizes using another person’s name or persona to harm, defraud, intimidate, or threaten others through social media or websites. These charges often arise from:
Texas prosecutors pursue malware distribution cases aggressively, especially when they affect businesses or government systems. These cases often involve complex technical evidence requiring expert testimony.
Texas computer crime penalties escalate based on aggregate financial losses and victim types, considering both direct losses and investigation costs.
Class C Misdemeanor (Fine only, up to $500):
Class B Misdemeanor (Up to 180 days jail, $2,000 fine):
State Jail Felony (180 days – 2 years, up to $10,000 fine):
Third Degree Felony (2-10 years prison, up to $10,000 fine):
Second Degree Felony (2-20 years prison, up to $10,000 fine):
Digital evidence collection must comply with Fourth Amendment protections. We meticulously review how law enforcement obtained electronic evidence, examining:
Computer crime prosecutions often struggle to prove specific intent, particularly in cases involving:
Digital forensics presents unique challenges that experienced cyber crime attorneys can exploit. We work with computer forensics experts to examine:
Law enforcement increasingly uses sophisticated online sting operations that may cross legal boundaries. Our defense strategy examines whether agents:
Computer crime cases involve complex technical concepts that most general practice attorneys cannot effectively handle. The intersection of technology and law requires specialized knowledge in digital forensics, network architecture, encryption technologies, and federal coordination.
Quick legal intervention proves essential because:
We begin every cybercrime case with thorough technical and legal analysis, examining prosecution evidence for flaws, client’s technical knowledge, potential defenses, and federal jurisdiction issues that could affect case strategy.
Our team collaborates with certified computer forensics experts to independently examine seized devices, reconstruct digital events, challenge prosecution expert testimony, and present complex technical concepts clearly to judges and juries.
Computer crimes require expert witnesses who can explain technical concepts to legal audiences. We maintain relationships with former FBI cybercrime investigators, certified computer security professionals, digital forensics specialists, and network engineers.
Whether pursuing plea agreements or trial defense, we leverage our technical understanding to achieve optimal outcomes through pre-trial motions, plea negotiations, trial strategy, and sentencing advocacy.
Federal prosecutors frequently add wire fraud charges to computer crime cases when digital communications cross state lines. These charges carry severe penalties and require federal court experience to defend effectively.
Computer access charges often accompany allegations of:
When computer searches reveal illegal images, prosecutors typically file additional charges that carry:
Large-scale cybercrime investigations may result in organized crime charges alleging:
Never speak to investigators without legal representation present. Computer crime investigations involve complex technical questions that can create inadvertent admissions of guilt, and law enforcement officers may not understand technical nuances that could exonerate you.
Do not attempt to “clean up” your digital devices or accounts. Such actions often create additional obstruction charges, generate evidence of consciousness of guilt, and destroy potentially exonerating information.
Time sensitivity in cybercrime cases cannot be overstated. Contact an experienced computer crimes attorney before providing statements, agreeing to searches, or accepting any offers.
Speak with our Dallas criminal defense lawyer team immediately at (972) 528-0478.
According to the FBI’s Internet Crime Complaint Center, Texas experienced significant cybercrime impacts in 2024:
| Statistic | Texas Data |
|---|---|
| National Ranking | #2 in total complaints |
| Total Losses | $1.35 billion |
| Year-over-Year Increase | $328 million (+32%) |
| Top Age Group (Complaints) | Ages 40-49 |
| Top Age Group (Losses) | Ages 60+ ($489.7 million) |
| Most Common Crimes | Extortion (7,854), Personal Data Breaches (5,424), Phishing/Spoofing (3,987) |
These statistics demonstrate why Texas prosecutors aggressively pursue computer crime charges and why you need experienced legal representation to protect your rights.
If you’ve been arrested or are under investigation for computer crimes in Texas, every moment counts. Digital evidence can be lost or compromised, federal agencies may become involved, and your ability to mount an effective defense diminishes with time.
The Law Offices of Richard C. McConathy has successfully defended clients against all types of cybercrime charges throughout Texas. Our experience, technical knowledge, and aggressive advocacy have resulted in numerous favorable outcomes in complex computer crime cases.
Don’t let computer crime charges destroy your future. Contact our experienced team today for a confidential consultation about your case.
Call (972) 528-0478 now or visit our office to discuss your defense strategy. We serve clients throughout the Dallas-Fort Worth metroplex and across Texas in state and federal computer crime cases.
Protect your rights. Protect your future. Contact McConathy Law today.
Computer crimes include any unauthorized access, alteration, or damage to computer systems, networks, or data. Texas defines “access” broadly to include approaching, instructing, communicating with, storing data in, retrieving data from, or otherwise using any computer resource.
Computer crimes can be prosecuted at both state and federal levels. Federal charges typically apply when crimes cross state lines, involve federal systems, or cause substantial financial damages exceeding $5,000.
Yes. Even basic unauthorized access constitutes a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine. Penalties increase dramatically based on financial losses and victim characteristics.
Common defenses include authorized access (proving permission existed), lack of intent (demonstrating no criminal purpose), constitutional violations (challenging illegal evidence collection), and mistaken identity (proving someone else used your credentials).
Most Texas computer crimes require knowing or intentional conduct. However, prosecutors often infer intent from circumstantial evidence, making skilled legal representation essential to challenge these assumptions.
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
