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 authorization.

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!

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