Cybercrime charges in Texas range from Class B misdemeanors to first-degree felonies depending on what systems were accessed and what harm resulted, and these cases can be prosecuted in both state and federal court simultaneously.
Cybercrime offenses in Texas are primarily governed by Chapter 33 of the Texas Penal Code, which covers unauthorized access to computer systems, computer tampering, breach of computer security, and online solicitation. These cases are investigated by specialized units with significant digital forensics resources, and the evidence they gather includes device images, network logs, account records, and metadata that require careful technical and legal review. The earlier an experienced attorney is involved, the better positioned the defense is to challenge what the state claims the digital evidence proves.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. Cybercrime defense requires the ability to evaluate digital evidence critically, understand how it was collected, assess whether it was legally obtained, and challenge whether it is correctly attributed to the defendant charged. Digital evidence is not self-explanatory. IP addresses can be spoofed. Accounts can be accessed by multiple people. Device ownership does not equal user identity. He examines every link in the state’s digital evidence chain. Contact our firm today for a free consultation.
Cybercrime convictions carry consequences that can permanently restrict your ability to work in technology, finance, government, and any field requiring background clearance. In cases involving federal charges, the penalties and the restrictions that follow are significantly more severe than state-level prosecutions. Having an attorney who understands both systems and can identify where the digital evidence is most vulnerable is essential in these cases.
If you are under investigation or facing cybercrime charges in Houston, Harris County, or surrounding counties, contact David Smith Law Firm immediately. Digital evidence is often preserved and analyzed before any arrest is made. Early legal involvement allows us to assess what the state has gathered, identify constitutional issues in how it was obtained, and build a defense strategy before critical options are foreclosed.
Computer tampering under Texas Penal Code §33.02 is committed when a person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner. The charge ranges from a Class B misdemeanor when no harm results to a first-degree felony when the access causes an aggregate loss over $300,000 or disrupts critical infrastructure. We examine whether the owner’s consent was actually absent, whether the access exceeded the scope of any permission given, and whether the digital forensics evidence correctly identifies the defendant as the person who made the access.
Penalty: Ranges from Class B misdemeanor to first-degree felony depending on the type of system and the harm caused.
Online fraud schemes involving electronic communications, stolen account credentials, and phishing attacks are frequently prosecuted under a combination of the Texas Penal Code and federal computer fraud statutes. The overlap between state and federal jurisdiction in these cases creates a complex prosecutorial environment where the choice of venue, the applicable sentencing guidelines, and the available defenses all differ significantly. We evaluate the digital evidence the state intends to present, examine how it was legally obtained, and challenge both the attribution of the conduct to the defendant and the legal sufficiency of the proof the state intends to offer.
Penalty: Ranges from state jail felony to first-degree felony depending on the amount involved and the statutes charged.
