Unauthorized Use Of A Computer Lawyer Rochester NY — What Are Your Defense Options?
Unauthorized use of a computer in Rochester, NY, is a serious offense under New York Penal Law § 156.05, a Class A misdemeanor punishable by up to one year in jail. Law Offices Of SRIS, P.C. defends clients in Rochester City Court and Monroe County courts against these charges, which often involve allegations of accessing a computer system without permission.
New York Law on Unauthorized Computer Use
In New York, the crime of unauthorized use of a computer is defined by Penal Law § 156.05. A person is guilty of this charge when they knowingly use, cause to be used, or access a computer, computer service, or computer network without authorization. The statute requires the prosecution to prove you acted with intent to commit or further the commission of any felony. This means the charge is often coupled with other allegations, such as larceny or identity theft.
Last verified: April 2026 | Rochester City Court | New York State Legislature
The firm was founded in 1997 by former prosecutor Mr. Sris. With a background in accounting and information systems, he brings a distinct understanding of the technical aspects involved in computer crime cases.
Official Legal Resources
For the exact language of the statute, refer to New York Penal Law § 156.05 (official New York State Senate site). For local court procedures, visit the New York State Unified Court System website for the 7th Judicial District.
Defending Unauthorized Computer Use Charges in Rochester
In Rochester City Court, these cases hinge on proving you lacked authorization and acted with criminal intent. Prosecutors must show you knew you were not permitted to access the specific system or data. A common defense is demonstrating you had implied or actual permission, or that your access was accidental. The technical nature of the evidence requires a lawyer who can analyze login records, network logs, and user permissions.
- Secure Immediate Legal Counsel: Do not discuss the case with employers, IT personnel, or law enforcement without an attorney present. Anything you say can be used against you.
- Case Assessment & Evidence Review: Your lawyer will obtain all discovery, including forensic reports, to assess the strength of the prosecution’s case regarding your authorization and intent.
- Develop a Defense Strategy: Based on the evidence, your attorney will build a defense, which may involve challenging the definition of “authorization,” proving lack of intent, or filing motions to suppress improperly obtained evidence.
- Resolution Negotiation: Your attorney will negotiate with the Monroe County District Attorney’s Office for the best possible outcome, which may be a reduction to a non-criminal violation or a favorable plea agreement.
- Trial Preparation: If a fair plea cannot be reached, your Unauthorized Use Of A Computer Law Firm Rochester NY will prepare to vigorously defend you at a bench or jury trial in the appropriate court.
Potential Penalties for Unauthorized Use of a Computer in NY
In Rochester, unauthorized use of a computer as a Class A misdemeanor carries a penalty of up to one year in jail, a fine of up to $1,000, and a potential probation term of up to three years.
| Offense | Classification | Incarceration | Fine | Collateral Consequences |
|---|---|---|---|---|
| Unauthorized Use of a Computer (PL § 156.05) | Class A Misdemeanor | Up to 1 year in jail | Up to $1,000 | Criminal record, employment difficulties, professional licensing issues, immigration consequences for non-citizens. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Rochester Computer Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team has a combined 120+ years of legal experience. We have handled over 4,739 cases with a high rate of favorable outcomes. Mr. Sris, the firm’s founder, has a background in accounting and information systems, providing a critical advantage in dissecting the technical evidence in computer crime cases. Our approach is direct and focused on protecting your rights and future.
Case Results and Client Advocacy
Our firm-wide record includes over 4,739 cases handled across our jurisdictions. While specific Rochester results vary case by case, our strategic approach focuses on obtaining dismissals, charge reductions, and alternative resolutions. We prepare every case as if it will go to trial, which strengthens our position in negotiations.
Results may vary. Prior results do not aim for a similar outcome.
Local Rochester Defense Representation
Our New York location in Buffalo supports clients throughout the region, including Rochester. We are familiar with the procedures of Rochester City Court and the Monroe County Court system. If you are searching for a “computer crime lawyer near me” in the Rochester area, we offer 24/7 phone consultations to discuss your situation.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 250-1555
By appointment only.
We serve clients in Rochester and surrounding communities. Consultations are available by phone 24/7 at (888) 437-7747. Meetings at our Buffalo location are by appointment only.
Frequently Asked Questions
Is unauthorized use of a computer a felony in New York?
No, basic unauthorized use under PL § 156.05 is a Class A misdemeanor. However, it can be charged as a felony if it’s alleged to have been done in furtherance of another felony or if it involves a higher degree of computer tampering under different statutes.
Can I be charged if I had a password but exceeded my permission at work?
It depends. New York law requires a lack of authorization. If you had valid credentials but violated a company use policy, it may be a civil employment matter. However, if you accessed systems or data clearly outside your job scope with criminal intent, prosecutors may pursue charges. An attorney must analyze the specific facts.
What should I do if my employer accuses me of unauthorized computer access?
Politely decline to answer questions or provide statements without an attorney present. Contact a criminal defense lawyer immediately. Do not try to explain or delete anything, as this can be seen as evidence of guilt. Your lawyer will guide you through interacting with your employer and any law enforcement investigation.
What are the possible defenses to this charge?
Common defenses include lack of intent, having actual or implied authorization, mistaken identity, insufficient evidence that you were the user, and challenging the legality of how the evidence was obtained. A strong defense often requires technical analysis of computer logs and access records.
Will this charge appear on a background check?
Yes. A conviction for a Class A misdemeanor will appear on criminal background checks, which can affect employment, housing, and professional licensing. This makes securing a skilled defense to avoid a conviction critically important for your future.