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Category: Criminal Defense

Criminal Defense

Explore our archive of articles all about criminal defense in California. Let us know if you have questions or need help finding a criminal defense attorney.

Categories
Criminal Defense

What Happens When You Get a DUI in California?

There are severe penalties for driving under the influence.

In some cases, a DUI can result in life in prison. There were 160,388 DUI arrests in California in 2013. Driving under the influence of any substance that impairs your vision, motor-functions, and ability to react quickly is dangerous. You’re probably already aware there are some pretty serious penalties for driving under the influence, but you may not know exactly what happens after.

Today, we’re taking a closer look at what happens when you get a DUI in California.

What Happens When You Get A DUI In California.

If you are pulled over arrested for DUI under California Vehicle Code 23152(a) VC (driving under the influence), there are a number of steps that will follow, beginning with a breath test to measure your blood alcohol level.

You can agree to a breathalyzer test on the scene of your arrest, or an officer will take you to the police station, jail, or a hospital for the breath or blood test.

Refusing to take a chemical test, either breath or blood, will result in arrest, and you will have an additional “refusal” allegation added to the charges. This will result in a one-year suspension of your license and other penalties that will include spending a mandatory two days in jail.

If you are given a breath test, the results will be immediate. If you are given a blood test, the results won’t be available for a few days.

Further reading: California Breathalyzer Laws

Authorities Will Test Your Breath, Blood, or Urine for Substances

If a test shows you have a blood alcohol concentration (BAC) of .08% or higher, you will also be charged with California Vehicle Code 23152(b) VC (driving with a BAC of .08 or higher).

If a breath test is lower than .08 for BAC, you may still be suspected of driving under the influence of some other drug and be asked to take a blood or urine test, under Vehicle Code 23152(e) VC (driving under the influence of drugs).

Once your test results have been seen (or you have refused to take them), you will be booked and released. Depending on your criminal history, if any, and the specific facts of this case, you may have to put up bail before being released. You may have to spend some time in jail before being released.

The officer will complete his or her report about the arrest and submit it to a local prosecutor who will review the facts as reported and either decline to file charges or formally charge you with a California DUI.

The Hearing Process

After arresting you, the officer will inform you that your driver’s license will be suspended for 30 days. The officer will confiscate your license and give you a temporary one that is valid until your suspension begins.

The officer sends your confiscated license to the California DMV and they suspend your license starting after the expiration of the temporary license – unless you request a DMV hearing. You have 10 days after your arrest to make that request.

Requesting a DMV hearing will delay the suspension of your license until the outcome of the hearing is known.

The California DMV hearing officer will ask some questions before making a decision whether or not to suspend your license. The first question asks if the officer reasonably believed you were DUI. The second question asks if you were lawfully arrested. And the third question asks if your BAC was .08% or higher.

This DMV hearing is independent of the DUI court case and can be conducted in-person over the phone. You have the right to be represented by a DUI attorney, even at the DMV hearing. This can help you prepare for your court case.

Your attorney can subpoena the arresting officer and cross-examine him or her about everything that happened at the scene of your arrest. There are many defenses possible, and a qualified DUI attorney will be aware of them and make the ones appropriate in your case. The transcripts of the officer’s statements can be helpful in court.

If you win the DMV hearing, your license will not be suspended, at least until you go to court. It can still be suspended if you get convicted of the DUI charge.

If you lose the DMV hearing, your license will be suspended. It will last from four months to three years, depending on whether you took the chemical test or refused it, and depending on the number of prior DUIs, if any, you have.

The Court Process

Your court proceeding begins with an arraignment on DUI charges. The prosecutor will make a first “offer” which is the sentence that the prosecutor is recommending if you plead guilty to the charge.

You can plead guilty, not guilty, or “no contest.” If you plead guilty, you will be sentenced and the case will be closed – except for having to fulfill any terms of probation.

If you plead guilty, you or your attorney will be entitled to review and challenge any of the prosecutor’s evidence including the police report and records of any chemical tests along with the test instruments used and methods of storage and maintenance of the samples.

The defenses possible include a wide range of issues including flawed or illegal police investigations, faulty test equipment and processes, and inaccurate calculations. And there are many more.

There is a pretrial period that can last anywhere from a few weeks to a few months when you or your attorney can examine all the evidence against you.

A qualified DUI attorney knows several options that can be used including several pretrial motions.

A “probable cause” motion would contest the validity of the officer’s stopping you.

A “motion to suppress” would ask the court to suppress any evidence obtained illegally or with prejudice.

And there is plea bargaining as another option. After your attorney has gone through the case and identified weaknesses in the prosecutor’s case, it will be a good time to try to negotiate a lesser offense.

If there is no resolution at this point, your case will go to trial. The trial involves several steps including jury selection, opening statements, the prosecutor’s case, the defense’s case, closing statements, the verdict, and sentencing.

If you are found guilty, you will face consequences that could include fines, jail time, prison time, DUI school, longer suspension of your license, plus any restitution for damages or injuries caused.

You do have the right to represent yourself through all this, but since there are many possible defense arguments to consider as well as many legal options during the pretrial and trial phases, it is wise to consider a highly qualified DUI attorney to represent you.

Conclusion

If you are arrested for driving under the influence, you should consider hiring an experienced DUI attorney as fast as possible.

Your attorney will assess the evidence and help reduce the consequences to the best of his or her ability.

Need help finding an attorney?

Tell us about your legal situation and we’ll connect you with the best DUI attorney in your area.

Categories
Criminal Defense

5 Common Drug Crimes in Los Angeles

Drug-related crimes are a big problem in California. Here are five of the most common drug crimes in Los Angeles.

The majority of felony arrests in Los Angeles are drug related.

According to a public health study by Los Angeles County, there were over 40,000 felony arrests for drug offenses in 2008. Despite the legalization of recreational marijuana, drug crimes in Los Angeles are still a serious problem.

Today, we’re taking a closer look at five of the most common drug crimes in Los Angeles.

Let’s take a closer look …

Continue reading “5 Common Drug Crimes in Los Angeles”
Categories
Criminal Defense

Can You Get A Marijuana DUI In California?

The legalization of recreational marijuana arrived with new laws and consequences early 2018, including driving under the influence.

On January 1st, 2018, California legalized the recreational use of marijuana.

With that said, you can be arrested for driving under the influence of marijuana due to the effects it has on your vision, brain, and motor skills, much like alcohol or prescription drugs.

There are some differences but they have similar consequences.

Let’s take a closer look …

Continue reading “Can You Get A Marijuana DUI In California?”
Categories
California Law Criminal Defense

What Is Domestic Violence in California?

The right attorney will guide you through California domestic violence laws to help resolve your disputes.

Domestic violence is a serious problem in America.

According to the National Coalition Against Domestic Violence, a woman is assaulted or beaten every nine seconds. In fact, most 911 calls are related to domestic violence.

Today, we’re taking a closer look at domestic violence in California so you understand the laws, penalties, and solutions.

Let’s get started…

What is Domestic Violence in California?

Domestic violence often involves repetitive physical and/or emotional abuse. It can take several different physical forms like striking or shoving, biting, slapping, battering, punching, etc.

Even stalking can be considered abuse. Rape and murder can be considered more serious instances of domestic abuse but are usually tried under specific charges.

The factors considered in crimes of domestic abuse include the severity of the victim’s injuries, whether a minor was present, and whether a protective or restraining order was violated.

Many states see a difference between crimes of assault and battery that involve strangers and those that involve domestic abusers. The reason is that, in the latter case, abusers take advantage of their victim’s trust and confidence. Prosecutors will often seek harsher penalties.

California Domestic Violence Laws

California’s domestic violence laws are designed to prevent violence in intimate or family relationships.

The types of relationships covered by these laws include a spouse or former spouse, cohabitant or former cohabitant in a home, a parent with whom the individual has a child or a partner in a dating relationship.

There are several sections of the California Penal Codes that may apply in crimes of domestic violence, and prosecutors can choose which charges to pursue based on the severity of the crime, the amount of harm to the victim, and other circumstances.

Section 242 of the Penal Code states that battery as a “willful and unlawful use of force or violence against the person of another.”

Section 243 (e) (1)criminalizes battery within one of the specified familial or intimate relationships mentioned above. Section 243 (d)of the code also covers battery which inflicts serious bodily injury, reflecting a higher degree of harm to the victim.

Section 273.5 criminalizes domestic violence when the willful conduct of one individual leads to a corporal injury, resulting in a traumatic condition suffered by another person in on of the stated relationships.

The Penalties for Domestic Violence

A conviction for battery under Section 243 (e) (1) can result in a fine of up to $2,000, imprisonment for up to one year, or both. The state court can also prescribe probation and participation in counseling services.

Conviction under Section 243 (d) can mean imprisonment for up to one year in county jail or for two-to-four years in a state prison, along with a restraining order.

A felony conviction under Section 273.5 can result in a fine of up to $6,000, one year in county jail or two-to-four years in state prison, or both fine and imprisonment.

How to Fight Back With Legal Action

You can learn how to create a safety plan by contacting the National Domestic Violence Hotline at 1-800-799-7233 or your local domestic violence outreach organization. You can also learn how to approach a friend about your concerns for her relationship.

If someone is threatening to hurt you, call 911.

There are consequences for threats and acts of abuse including arrest and conviction for domestic violence. If your call is ignored, consider contacting a certified civil rights attorney.

If you feel that you need to leave the home you share with your abuser, consider calling your local domestic violence agency. You can find out how to enter one of their shelters or a confidential motel voucher program. You can also seek a local homeless women’s shelter.

If you want protection from your abuser and seek legal intervention, California state laws allow victims of domestic violence to apply for emergency protective orders and restraining orders in both civil and criminal court. You can have such an order issued even if you have not suffered physical harm.

A protection order is a court order that says your abuser cannot come within a certain distance from you, your home, your car, your work, or your school.

If your abuser violates the order, you can call the police for assistance.

Further reading:

How You Can Stop It in Society

Domestic abuse is a problem for society in general, and we can all take steps to try to put an end to it.

It is hard to change the hurtful attitude a spouse or significant other may have toward you, but that person is the one who needs to change. But you can try to influence public attitudes toward people who want to control others.

We can educate our children to respect others, including romantic partners. We can teach them to seek a healthy relationship with those they become involved with as adults.

You can speak out publicly against provincial attitudes that ignore equality and sensitivity. Show you don’t agree with jokes and disparaging remarks about spouses and significant others.

Show your children and grandchildren what a good relationship is. Live your life as a model of what a respectful, loving experience should be.

If you hear or see domestic violence happening, call the police. Help a friend, neighbor or co-worker by giving a friendly ear and by referring her to a local domestic abuse organization or a religious organization.

Invite a domestic abuse speaker to your association or religious organization meetings or school meetings like PTA.

Domestic violence represents a breakdown in the basic values of society. We can all do something to show it is unacceptable and try to spread our own, higher values.

Categories
Criminal Defense

The Penalties For A DUI In California

The penalties for a DUI in California are severe, especially for repeat offenders and drivers under 21.

The state of California has strict laws for drunk driving, especially for repeat offenders and drivers under 21 years of age.

Driving under the influence (DUI) in California doesn’t mean you have to be drunk to be arrested. Under California law, DUI means that you are driving under the influence of alcohol or drugs or you are driving with a blood alcohol level of 0.8% or greater (.05% or greater for those under 21 and .04% or higher for commercial drivers).

Today, we’re taking a closer look at the penalties for drunk driving in California so you know what to expect if you’re convicted of a DUI in California.

Let’s get started …

Continue reading “The Penalties For A DUI In California”
Categories
Criminal Defense

Do I Need A Criminal Lawyer for these Charges?

If you have been charged with a misdemeanor or felony, it’s time to hire a criminal defense lawyer to ensure you the best possible outcome.

Do I need a criminal lawyer?

A criminal lawyer specializes in the defense of individuals and companies charged with criminal activity. This type of attorney will also specialize in matters that may be beneficial to you and the case, so it’s important to take the time to find the right one for your needs.

To help you get started, we’re taking a closer look at the following:

  • What a criminal lawyer does
  • When to hire a criminal lawyer (10 examples of criminal charges)
  • What to expect working with a criminal defense lawyer

Let’s get started …

What Does a Criminal Lawyer Do?

A criminal defense lawyer will represent you when you are charged with a misdemeanor or felony.

What’s a misdemeanor?

While a misdemeanor is not considered as serious as a felony, it can still result in imprisonment and/or a fine.

What’s a felony?

A felony is considered a serious crime.

If found guilty of a felony, you may face imprisonment for more than a year. The penalty for felonies varies depending on the crime committed.

A criminal lawyer will evaluate the charges and protect your interests with the strongest legal defense possible.

When to Hire A Criminal Lawyer (10 examples of criminal charges)

A criminal charge is a formal accusation asserting that you have committed a crime.

A crime may be considered a misdemeanor or felony, it’s time to hire a criminal lawyer to help you form your defense.

Take a look at the list of 10 criminal charges below for a better understanding.

1. Assault and Battery

Assault is an action (an intentional act) that causes fear of imminent harmful or offensive touching. The act must be intentional, and so accidental actions would not be considered a crime.

Battery is an intentional physical act where the victim has not given permission or consent to the act. The act must be considered offensive to a reasonable person.

These offenses against the person result in physical or mental harm. Some of the other crimes in this category include kidnapping, false imprisonment, rape, and homicide.

2. Homicide

Crimes against the person include a group of homicide crimes resulting in the death of another and examples are first or second-degree murder, manslaughter, and vehicular homicide. Other examples are deaths from Shaken Baby Syndrome, Assisted Suicide, and Serial Killing.

First-degree murder is intentional and malicious, premeditated and deliberate killing of another. A killing that occurs during a violent or dangerous felony would be considered first-degree murder.

Second-degree murder is the killing of another but without deliberation of premeditation. Accidental killings fall into this category.

3. Kidnapping and False Imprisonment

Although they seem similar, under California law, kidnapping and false imprisonment are treated as separate crimes.

Kidnapping refers to the taking away, or movement of another person against their will by force or any other means of instilling fear in the victim.

In California, kidnapping is a felony, and the punishment for a conviction of kidnapping can be anywhere from three to eight years in prison.

False imprisonment, on the other hand, is the intentionally detaining or confining of someone against his or her will. It can be a misdemeanor or felony depending on the facts of each case. It is a felony if force, threats or intimidation were used.

4. Rape and Sexual Assault

California law includes sexual assault or sexual battery laws that prohibit unwanted touching of another person’s intimate parts. When sexual assault leads to non-consensual intercourse with the victim, the crime becomes rape.

Sexual battery requires proof that the victim was somehow restrained while being touched, that the touching was against the victim’s will, and the intention of the touching was for the purpose of sexual gratification, sexual arousal, or sexual abuse.

New California state laws are removing the statutes of limitations for certain sexual assault crimes and expanding the definition of sexual assault.

5. Robbery

California Penal Code 211 PC defines the crime of robbery as the taking of personal property from someone else against his or her will, through the use of fear or force. In California, robbery is always a felony.

Felony robbery occurs in the classic bank or store robbery where perpetrators carry weapons and wear masks. But it also occurs where they break into homes when residents are inside and threaten them before stealing some of their personal property.

The crime also occurs when the victim is drugged and personal property is stolen while he or she is unconscious.And it is a crime if, when the criminal is caught in the act of stealing, the owner of the property is threatened with physical harm in order to escape.

Robberies in California can be first-degree or second-degree felonies. First-degree refers to robberies committed against a driver or passenger on a bus, taxi, subway, streetcar, etc. It is also first-degree when taken place in an inhabited structure. And it is first-degree when the robbery is to a person who has just used an ATM and is still in the vicinity of the ATM.

6. Arson

Arson is an act committed willfully and maliciously, where a fire is set or burned or caused to be burned that damages any structure, forest land or property.

Arson is considered aggravated when the defendant acts with specific intent to cause injury or property damage, and the person has either a previous arson conviction in the last 10 years or causes damage and losses exceeding $6,500,000.

7. Solicitation

A person is guilty of solicitation if he or she asks another person to commit a crime covered under California’s criminal solicitation laws, and the solicitor intends a crime to be committed, and the other person actually receives the communication with the request to commit the crime.

8. Conspiracy

California law states that a criminal conspiracy happens when one person agrees with one or more other persons to commit a crime, and one of them commits an overt in furtherance of that agreement to commit the crime.

For example, two people agree to set fire to a home, and one of them buys matches. Or a gang decides to burglarize a home, and someone calls to see if anyone is home.

9. Forgery

In California, forgery is basically creating a new, false document for personal benefit or gain. The typical view of forgery is faking someone else’s signature or handwriting. But there are other situations that apply as well.

Forgery occurs when someone knowingly and with intent to commit fraud does one of the following: sign someone else’s name, fake someone’s handwriting or seal, change or falsify a legal document, or fake, alter or present as genuine a false document related to finances, property, or money.

In California, forgery is a wobbler offense, meaning it can be treated as either a misdemeanor or felony with appropriate penalties assigned.

10. Drug Crimes

Drug crimes involve the use and distribution of controlled substances and are governed by the federal Controlled Substances Act (CSA).

Federal laws tend to focus on the movement of drugs across state lines, like drug trafficking. State laws concentrate more on the means and methods of the manufacture and distribution of drugs within each state itself.

Another difference is the trend by various states to legalize marijuana, especially for medical use.

The federal government has not yet followed suit in this regard.

What to Expect When Working with a Criminal Lawyer?

A criminal lawyer will do everything possible to prove your innocence.

If your attorney isn’t able to do this, he or she will attempt to lower your sentence as much as possible. This may include advising you to settle outside of court, which usually results in a lighter sentence depending on the charges.

If you are charged with a felony, your lawyer will attempt to shorten the sentence and negotiate the best possible facility to serve your sentence.

If you are charged with a misdemeanor, your lawyer will advocate for fines or community service over jail time.

Overall, your criminal lawyer will understand the way the court system works and help you navigate the legal process. Working with an experienced criminal lawyer will greatly increase the chance of proving your innocents or at least reducing your sentence.

Where to Find A Criminal Lawyer?

It’s never too early to start your search, as it may take time finding the right one for your case.

The SFVBA Attorney Referral Service may be able to help connect you with one in your area. Call 818-340-4529 and we’ll help you receive up to 30 minutes of free consultation with a criminal defense attorney near you.

Categories
Criminal Defense

What Is Grand Theft In California?

Grand theft in California may be charged as either a misdemeanor or felony depending on the value of the property stolen and your criminal history.

The state of California considers grand theft a major crime.

If you are accused of grand theft, you will be given the opportunity to defend yourself against the claim and will not necessarily be convicted of grand theft if you develop a strong defense.

The most common defensive strategies involve building a case around intent, the claim of right, and consent.

In order to build a strong defense, you need to seek the help of an experienced defense attorney. This will increase your chance of successfully defending yourself against the claim and avoid being charged with either a misdemeanor or felony.

We can help connect you with the right theft attorney in the San Fernando Valley.

Before we get started, let’s take a closer look at what graft theft actually is in California so you have a better understanding.

Continue reading “What Is Grand Theft In California?”
Categories
Criminal Defense

The Difference Between Hit and Run Crimes In California

Discover the difference between an attended and unattended hit and run violation in California so you know what you need to do to protect your interests.

Were you involved in a hit and run crime?

Before you can make that determination, you need to know the difference between the two different types of hit and run crimes in California.

Take a look at the information below for a better understanding of hit and run crimes so you know what action you need to take to protect your interest legally.

Let’s get started.

Continue reading “The Difference Between Hit and Run Crimes In California”
Categories
Criminal Defense

Find a Criminal Defense Attorney in Los Angeles

You need to know how to find a criminal defense attorney in Los Angeles earlier than later to ensure you’re protected and prepared. Here are some helpful tips to get you started.

If you have been suspected of a crime or charged with one in Los Angeles, you should think about getting a criminal attorney to present your case, defend you, and negotiate a dismissal or minimum penalty. The California trial system is very challenging for someone unfamiliar with the process, and legal advice from a defense lawyer is a wise choice for anyone who may have to experience it.

The criminal process in Los Angeles involves several stages, starting with arrest, arraignment and pretrial, and proceeding to trial and possible sentencing.

The arraignment process is the first opportunity for someone charged with a crime to plead their case. The three most common pleas are “guilty,” “not guilty” or “nolo contendere” – also called “no contest.”

“Not guilty” plea – and bail

If you plead “not guilty,” the judge will then address the issue of bail. Bail is the money that is to be posted with the court to ensure you will attend all court appearances. In Los Angeles, bail is usually set to the local county bail schedule, but if the bail is high, you have the right to ask for it to be reduced.

The judge will look at several factors in deciding whether or not to lower the bail. The most important factor is public safety, but other factors could include past history, the seriousness of the offense, community ties, and likelihood you will return to court.

You could also be released from any bail on what is called your “own recognizance” (O.R.). This means you are not a danger to society and there is a fair chance you will attend all court appearances.

“No contest” plea means guilty

The “nolo contendere” plea means that you do not wish to contest the charge, and in California, this is considered the same as a guilty plea and results in a criminal conviction. You are technically not admitting guilt in this case but are allowing the court to decide on your punishment.

Before this plea is honored, the judge must accept it and explain to you that it is considered the same as a guilty plea. The judge wants to make sure you understand that the court will find you guilty. The judge also wants to ensure that you are making this decision voluntarily and are not being forced to do so.

A “guilty” plea in Los Angeles will take the legal process straight to the sentencing hearing, described below.

Pretrial phase: determining probable cause

The pretrial phase of criminal proceedings is where most cases get resolved before going to trial. The pretrial phase involves court appearances, discussion and “discovery” of evidence, motions made to the judge for some action or decision, and negotiations (such as plea bargaining).

In a felony case, the pretrial proceedings are held as a way to determine “probable cause.” This means that there has to be probable cause to believe a crime has been committed and probable cause to believe you committed the crime. And there should be evidence to support these beliefs.

If both charges are held reasonable based on the evidence, the judge will move for a trial.

The two kinds of trials in Los Angeles

There are two kinds of trials in Los Angeles, bench trials, and jury trials. In a bench trial, the judge is both judge and jury. In a jury trial, 12 members of the community – your “peers” – are selected to hear the evidence and decide if you are guilty or innocent of the charges against you.

Here is where it is very valuable to have an attorney on your side. It is possible for a court judge to decide that the pretrial hearing judge made a mistake in finding a cause and holding you accountable for the crime. In California, a Los Angeles criminal attorney can ask that one or more charges against you be dismissed or set aside.  The attorney files a “Penal code 995” motion on your behalf.

There are other situations that may benefit you during trial proceedings. If evidence was seized illegally or if the arresting officer or officers have a record of complaints or bias, the case against you could be a lot weaker. A Lost Angeles criminal attorney would know how to make these situations known to the court.

Sentencing hearing in Los Angeles

Once convicted of a crime in the state of California, state law provides an opportunity for both prosecution and defense to be heard with regard to sentencing.

At a sentencing hearing in Los Angeles, for example, the prosecution will try to show how aggravating circumstances justify a harsher penalty, and the defense will try to show how mitigating circumstances justify a minimum penalty.

As a defendant, you have certain rights regarding a sentencing hearing. They include the right to be present for sentencing, the right to be represented by an attorney, the right to present your own evidence, and the right to propose an alternate sentence. There are more rights involved as well.

How evidence is considered is another part of the sentencing hearing. The evidence is examined to see how it was acquired and if it was obtained during a legal search and seizure. Out-of-court statements concerning the circumstances of the charged offense may also be considered. Attorneys on both sides have the opportunity to respond to evidence.

The judge explains the sentence to both sides as well as the reasoning for the sentence. The judge also shows consideration for suggestions relative to alternate sentences.

Sentences can be concurrent or consecutive

If more than one crime is committed by the defendant, the judge will decide whether the sentence will be served concurrently or consecutively. A concurrent sentence means that the sentences run simultaneously during the time they overlap. So a defendant serving a two and three-year sentence concurrently will serve a total of three years.

A consecutive sentence, on the other hand, means one sentence starts when the other ends. A defendant serving a two and three-year consecutive sentence will serve a total of five years.

Los Angeles sentences fit the crimes

Misdemeanor crimes are typically punishable by up to six months or up to one year in a county jail. Many felonies are punishable in a number of ways, often having options like two, four or six years in the California State Prison.

The judge uses discretion and considers all factors in deciding on a sentence. These include aggravating and mitigating circumstances previously discussed. The ultimate sentence can be on the high side, low side or in the middle.

Even if you are found guilty after going to trial, a good Los Angeles criminal attorney can address some issues that make the verdict tainted in some way. These could include jury misconduct, some error of law by the court, prosecutor misconduct, new evidence, and more.

Having the right Los Angeles criminal attorney can be the difference between jail time and free time.

Categories
Criminal Defense

5 Things You Didn’t Know About Cyber Crime Today

Cyber crime is a type of criminal activity committed on the web.

And it is on the rise.

Nearly three-fourths of all Americans have experienced some kind of cybercrime, according to Crime Watch magazine. Illegal activities include scam email messages, computer hacking, identity theft, fraud (“phishing”), viruses with ransom demands (ransomware), and more.

Cyber crime is a constant and growing threat to individuals, small and large companies worldwide. It threatens personal and business safety and may be affecting our freedom of choice as a nation.

The impact of cyber crime is enormous. It requires constant vigilance and dedicated resources from law enforcement. But even more important is the need for individuals and business leaders to be aware of the dangers and take precautionary steps where possible to prevent or at least deter criminal activity in their own cyberspace.

Here are some notable facts on cybercrime.

Cyber Crime Is On the Rise

Cybercrime has become a professional endeavor. Before 2015, these crimes were committed by young people with a limited amount of computer literacy and a desire for disruption and pranks.

But a growing understanding of the value of the Internet and the power of information has led to a growing legion of professional criminals. 80% of cyber crime last year was committed by organized crime.Organizations like the global mafia have established digital crime divisions.

In the UK in 2005, there were 1,700 incidents of phishing reported. Phishing is a fraudulent practice using the Internet to simulate a legal entity in order to get personal or business information. In2011, just six years later, there were over 14,000 reports of phishing.

The highest wage earning class, those aged 20 to 59, were targeted the most, reporting 83% of all incidents reported to the Internet Crime Complaint Center. Senior citizens older than age 60 reported 14% of complaints, and people younger than age 20 reported 3%.

Internationally, cyber crime has been reported the most in the United States, the United Kingdom, Canada, Australia, and India. In the U.S., the states most affected have been California, Florida, Texas, New York, and Ohio.

According to the research at Cyber Crime Watch magazine, about 75 million scam email messages are sent every day, affecting about 2,000 people.

It’s Expensive

Estimates of the growing cost of cyber crime are frightening. The worldwide cost will reach $2 trillion by 2019, a three-fold increase from the 2015 estimate of $500 billion.

According to the World Economic Forum’s the“The Global Risks Report 2016,” reported statistics on cyber crime may be much lower than it really is. Much crime goes undetected

According to the Identity Theft Resource Center’s (ITRC) “ITRC Data Breach Report,” there were almost 900 publicized breaches of data in 2016 that exposed over 29 million records.

The average cost per breach has been estimated worldwide at $4 million and in the U.S., at $7 million.The cost per record was stolen averaged $158 worldwide, and in the U.S., $220.

According to a 2016 Osterman Research survey of 540 organizations in North America, the U.K., and Germany, almost half had experienced ransomware attacks in the last year.

The organizations most affected by cyber crime are the health care and financial services sectors. The financial impact of theft of trade secrets can range from 1 to 3% of a nation’s gross domestic product (GDP). This translates to a range of $750 billion to over $2 trillion.

In 2016, the UK saw 3.8 million cases of fraud and 2 million cases of data and computer misuse.

It’s Often An Inside Job

Data is connected more and more as companies become more sophisticated. Insiders who are technically adept have the knowledge and opportunity to access sensitive data and upload it online or load it to a portable storage device and take it out of the office.

Every employee who has access to sensitive data is a security risk, even if data leakage or mishandling is accidental. Companies need to be aware of the dangers that are present with every employee who has access to important data.

In addition to company data, many companies also store sensitive customer data. This drives up the cost of any needed remediation and threatens the very existence of any company so exposed.

The most damaging and dangerous aspect of insider dealing is that they are hard to detect and hard to take a lot of time to get corrected. It can take years to detect illegal activity. Breaches can go unnoticed and damages uncontrolled for a long time.

Managing the risk is difficult because designated employees need to work with sensitive information. That is their jobs. They are privileged insiders, for better or worse.

It all comes down to the trust factor. You need to trust certain employees, and they need to value and honor that trust.

Social Media is the New Black

In previous years, the primary focus of cyber crime was email. But currently, the focus has shifted to social media where a lot of personal information is stored and vulnerable. There has been a lot of cyber crime in this area, and it keeps on growing. The statistics here are scary.

There are many examples of cyber crime in social media. For example, research is telling us that one in four users of social networking who reveal personal information are candidates for cyber crime. This includes sites like Facebook, MySpace, Friends Reunited, Twitter, Second Life, AOL, and LinkedIn.

In 2006, AOL was victim to a phishing attack that disclosed the credit card and Social Security information on 6750,000 members.

In 2012, the site LinkedIn was hacked, and its 6 million members became vulnerable to password theft. 2012 and 1013 saw two years of a Twitter takeover by an underage hacker group.

In 2016, LinkedIn was targeted again, this time with the theft of 178 million passwords.

In 2014, spending on cyber insurance, mostly in the U.S., was $1 billion. In 2016, it had grown to $2.5 billion. As insurance for cyber crime becomes more understood and implemented globally, that number will continue to spiral.

Cyber Security Struggles to Keep Up

It’s been estimated that 25% of reported cyber crimes go unsolved. The actual number of crimes is probably much higher because not all crimes are reported.

Americans, especially, are wary of cyber crime. Only 2 % believe they will never be victimized at some point. And 78 % believe cyber criminals will never be caught.

Worldwide spending to combat cyber crime will surpass $80 billion this year, although, according to the 2015 Global Cybersecurity Status Report, only 38% of surveyed organizations feel prepared to do so.

Various research studies have shown that companies are at least trying to combat cyber crime. Half the companies surveyed have reported that they do use big data analytics to model identity threats. They are also using artificial intelligence techniques to predict and prepare for fraud detection.

Business owners, executives, and IT managers are reporting that they are now focusing on some key areas of cyber security. They are adopting new safeguards for digital business models. They are using information-sharing and implementing business-critical cyber threat intelligence.

Managers are taking advantage of artificial intelligence and starting to realize the potential benefits of big data and the Internet of Things (IoT). They are also thinking globally and taking a proactive approach to prevent geopolitical threats on an international basis.

The race is on: cyber-security initiatives vs. growing cyber criminal espionage.

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