San Jose Intellectual Property Crime Lawyer
Serving Santa Clara County, Santa Cruz County, and Monterey County
Trade secrets can be a formula, practice, process, design, instrument,
pattern or a compilation of information which is not generally known or
reasonably ascertainable to the public. Penal Code Section 499c subjects
trade secret misappropriators and persons conspiring with them to criminal
penalties if they appropriate trade secrets by wrongful or dishonest means
or if they offer anyone a bribe to do so.
A violation can be either a misdemeanor or felony crime. Stealing trade
secrets is punishable by imprisonment in state prison or the county jail
up to one year. California Penal Code Section 496, Receiving Stolen Property,
makes it a crime to acquire or conceal property known to be stolen. This
law can be used to prosecute persons who buy or otherwise receive trade
secret information that they know was stolen. Another kind of intellectual
property crimes is California Penal Code Section 502, Unauthorized Access
to Computers. Penal Code section 502 makes it a crime to gain access to
and use any computer data or other computer hardware or software without
Internet Fraud means use of the internet to commit fraud. A person commits
internet fraud by carrying out fraudulent schemes through email or the
internet, using email or the internet to obtain sensitive information
such as social security numbers or credit card information and/or accessing
computer data without permission.
If you are accused of obtaining someone else's personal information
such as a social security number over email, you may be charged with the
crime of violation of Penal Code Section 530.5. Penal Code 530.5 prohibits
willfully obtaining another person's personal identifying information
and using that information for an unlawful purpose without that person's
consent, acquiring or retaining possession of another person's personal
information without that persons consent and with the intent to commit
a fraud and selling and/or transferring the person personal identifying
information of another person without that person's consent and with
the intent to commit a fraud or selling, transferring or providing the
personal identifying information of another person with the actual knowledge
that the information will be used to commit a fraud
Identify Theft may be prosecuted as a felony or a misdemeanor. You may
be imprisoned, sent to jail, placed on probation and/or fined. If you
use email or the internet to collect other people's credit card numbers
which can then be used to make unauthorized purchases, you can be charged
with a violation of Penal Code 484e. Penalties for Penal Code 484e credit
card fraud may be prison, jail, probation and/or fines.
If you or someone you know needs legal representation for the defense of
an intellectual property crime or internet fraud in state court it is
important to have an experienced criminal defense attorney in your corner. As a
San Jose criminal defense attorney, Christine McGuire can provide aggressive and comprehensive representation.
She has more than 25 years of legal experience both as a former prosecutor
and criminal defense lawyer and has received a Master of Law in Intellectual
Property Rights from Santa Clara Law School.
IP Crime in California
Intellectual property crimes often involve complex issues which require
an understanding of intellectual property. If you have been accused of
or are being investigated for Internet Fraud and/or an intellectual property
crime, get the legal assistance you need from the San Jose intellectual
property crimes defense lawyer from The McGuire Law Office.
Accused or charged with an IP crime?
Contact the San Jose intellectual property crime defense attorney
at The McGuire Law Office today!