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New Jersey AI Fraud Defense Lawyer

AI Fraud and Cybercrime Attorneys, Camili & Capo, PA

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AI Cybercrime Defense Attorney in Totowa, NJ, Representing Defendants Accused of Committing Fraud, Identity Theft, and Scams

With the growing prevalence of AI, the rise of AI-related criminal charges has grown, too. If you have been charged with fraud, identity theft, or another form of criminal offense assisted by artificial intelligence, don’t underestimate the severity of the legal trouble you’re facing. The allegations may pertain to conduct in the digital world, but the real-world consequences they carry are no less serious than fraud-related offenses carried out through in-person interactions. You need a New Jersey AI fraud defense lawyer on your side who understands the complexities of computer crimes involving artificial intelligence.

At Camili & Capo, PA, we represent clients in AI fraud and cybercrime cases that involve cutting-edge technology, serious accusations, and high stakes. We provide free, confidential consultations that allow every person charged with a crime related to artificial intelligence use to speak directly with an attorney who understands these complex cases at no charge. We will help you understand the prosecutor’s basis for charging you, the penalties you’re facing, and the avenues for defense that provide the most promising path to a favorable outcome. Contact us today and find out how an experienced AI cybercrime defense attorney in Totowa, NJ, can help you fight back against serious charges.

Facing Criminal Charges And Have Questions? We Can Help. Just Tell Us What Happened. Call (973) 834-8457 Or Fill Out Our Convenient Free Case Evaluation Form.

What Are Some Examples of AI Being Used in Cybercrime?

Many people accused of AI-related fraud or cybercrime did not think they were committing a crime at the time. In New Jersey, charges may arise from everyday technology being used in ways prosecutors later claim were illegal.

You may need a cybercrime or AI fraud defense attorney if investigators allege that you:

  • Used AI or automation to send messages, emails, or online communications that were later labeled “deceptive”
  • Used software or scripts to access accounts, platforms, or data that prosecutors say you were not authorized to access
  • Submitted AI-generated information, documents, or applications that authorities claim were false or misleading
  • Were linked to online activity that impersonated a person, business, or organization
  • Collected or used data through automated tools that law enforcement says crossed legal boundaries
  • Created, shared, or relied on AI-generated audio, images, or video that investigators say were deceptive

If any of these situations sound familiar, or if you are being questioned, investigated, or charged, you need to take action right away. Speaking with an attorney experienced in AI fraud and cybercrime defense early can make a significant difference in how your case is handled.

How the Sentencing of AI Fraud Offenses Is Determined

Depending on the specific facts of your situation, including the offense and grade with which you’ve been charged, you could be facing significant jail time, fines, and other penalties. Sentencing in AI-related cases depends on factors such as:

  • Degree of the offense
  • Alleged financial loss
  • Number of victims
  • Prior criminal history
  • Whether charges are stacked or merged

Many cases are defensible or negotiable, especially early, before digital evidence is locked into the record. That’s why retaining a knowledgeable AI cybercrime defense attorney in Totowa, NJ, as early as possible matters.

AI Fraud and Cybercrime Charges in New Jersey

In most cases, AI itself is not illegal. It isn’t a formal charge or a crime under state law, but instead a tool that could be used to violate the law. The issue is whether prosecutors believe your use of AI served an intended purpose to commit fraud, theft, identity misuse, or unauthorized access.

AI-related cases often involve multiple overlapping charges under existing New Jersey criminal statutes. As an experienced New Jersey AI fraud defense lawyer, we have a record of representing clients charged with offenses like the following.

Computer Criminal Activity (Cybercrime)

Under N.J.S.A. 2C:20-25, you may be charged with computer criminal activity if the prosecutor claims that you knowingly or purposely accessed a computer system, network, or data without authorization, or exceeded authorized access, for a purpose such as:

  • Obtain information, money, or property unlawfully
  • Committing fraud or theft
  • Damaging, disrupting, or interfering with systems or data

The prosecutor must be able to prove their claim beyond a reasonable doubt in criminal court by providing evidence that supports these claims.

In AI-related cases, the State may allege that:

  • AI-generated scripts, bots, or automation tools were used
  • Access was “unauthorized” or exceeded permission
  • Data was collected, altered, or exploited using AI tools

The penalties associated with computer criminal activity depend on the nature and degree of the charge. Computer criminal activity can be graded from fourth degree up to higher degrees depending on the subsection charged and factors such as the value of what was obtained/sought and the nature of the conduct.

  • Fourth-degree offenses: Up to 18 months in prison and up to $10,000 in fines
  • Third-degree convictions: Three to five years in prison and up to $15,000 in fines
  • Second-degree cases: Five to 10 years in prison and up to $150,000 in fines

What degree the prosecutor charges you with depends on factors such as:

  • Financial loss amounts
  • Number of alleged victims
  • Whether personal identifying information was involved

In building your legal strategy, a New Jersey AI fraud defense lawyer may examine whether:

  • The access was actually authorized (or reasonably believed to be)
  • The accused person knew how the AI tool functioned
  • Another person used the system, account, or code
  • The State can prove intent, not just technical activity
  • Evidence was improperly seized or traced

Computer criminal activity cases often turn on detailed questions about authorization, intent, and how digital tools were actually used. In matters involving AI or automation, these questions can become even more nuanced, particularly when multiple users, systems, or software tools are involved.

Understanding how prosecutors evaluate these factors helps explain why computer crime charges are frequently accompanied by additional fraud- or deception-based allegations, which are discussed below.

Fraud and Theft by Deception

Under N.J.S.A. 2C:20-4, you may be charged with fraud and theft by deception if the State claims that you intentionally deceived another person to obtain money, services, or property.

In AI-related cases, prosecutors may allege that:

  • AI-generated messages, emails, or documents were deceptive
  • Automation was used to misrepresent identity or authority
  • The accused knowingly participated in a fraudulent scheme

Importantly, the use of AI alone is not fraud. Intent to deceive is a required element that the prosecutor must prove to convict you.

If you are charged with fraud and theft by deception pertaining to AI usage, you’re facing penalties that increase based on the value of the money or property allegedly obtained.

  • $200-$500: A fourth-degree offense that could result in up to 18 months of imprisonment if convicted
  • Over $500-under $75,000: A third-degree crime for which you could be sentenced to three to five years behind bars
  • $75,000 or more: A second-degree crime for which you could face five to 10 years in prison

Additional penalties for AI fraud and theft by deception charges may include restitution and fines.

Defense strategies against these charges often focus on aspects of the case such as the following:

  • Lack of intent to deceive
  • Misunderstanding or misapplication of AI tools
  • No actual victim loss
  • Reliance on inaccurate or incomplete digital evidence
  • Overcharging by prosecutors stacking offenses

Allegations of fraud involving artificial intelligence are often fact-intensive and turn on what the accused knew, intended, and actually gained. Because AI tools are widely used in legitimate business and personal contexts, these cases frequently involve gray areas, disputed intent, and complex digital evidence. An experienced defense attorney can evaluate whether the State’s theory aligns with the facts and whether the prosecution can truly meet its burden of proof under New Jersey law.

Forgery and Falsification of Records

Under N.J.S.A. 2C:21-1, you can be charged with forgery or falsification of records if you are accused of making, altering, or using false documents or data with the intent to defraud. In AI-related cases, this may involve claims that:

  • You used AI tools to generate fake documents, credentials, or records
  • Synthetic data was submitted as authentic
  • The accused knew the material was false and used it anyway

Forgery and falsification of records may be charged as either a third- or fourth-degree crime under New Jersey law, depending on the nature of the document involved. Allegations that involve certain types of writings, such as government-issued instruments, public records, financial securities, access devices, or materials containing personal identifying information, may be treated more seriously under the statute and can result in higher-degree charges and increased penalties.

Potential defenses against AI-related forgery and falsification of records offenses include:

  • You didn’t engage in this conduct with any intent to defraud.
  • The material was preliminary, experimental, or incomplete.
  • The accused did not create or control the AI output.
  • No reliance or harm resulted from the AI use.
  • The prosecution cannot prove who generated the content.

Allegations of forgery or falsification involving artificial intelligence often hinge on intent, authorship, and how the material was actually used. Because AI tools can generate drafts, simulations, or experimental content for legitimate purposes, these cases frequently involve disputed assumptions about who created the material and whether it was ever intended to be relied upon as authentic.

A careful review of the evidence, the context in which the material was produced, and the State’s proof is essential to determining whether the charges are legally and factually supported.

Identity Theft and Related Cyber Offenses

Under N.J.S.A. 2C:21-17 et seq., a prosecutor may charge you with identity theft based on claims that you used or obtained another person’s identifying information without permission to commit an unlawful act.

In AI cases, these allegations may include:

  • Automated data collection
  • AI-assisted impersonation
  • Use of synthetic profiles or credentials

For identity-related charges, the penalties you’re facing depend on the grade of the offense.

  • Fourth-degree: Fourth-degree identity theft charges often involve one victim and benefit/deprivation under $500 (although repeat convictions can change the grading). For a fourth-degree offense, you could face up to 18 months in state prison and up to $10,000 in fines.
  • Third-degree: With multiple victims or measurable financial harm, you could face three to five years in prison and up to $15,000 in fines.
  • Second-degree: If you’re accused of identity theft involving five or more victims or significant financial loss, you could be sentenced to five to 10 years in state prison and up to $150,000 in fines.

Defense strategies against charges of AI-related identity theft crimes may include:

  • No proof that the accused used the information
  • Shared or compromised accounts
  • Inaccurate attribution of digital activity
  • No intent to commit a crime
  • Law enforcement overreach in digital tracing

AI fraud charges could drastically impact your future, particularly when they rise to the level of identity theft and other offenses that New Jersey prosecutors take extremely seriously.

Deceptive AI Media/Deepfake-Related Crimes (NJ Law)

New Jersey law does not treat deceptive AI-generated or deepfake audio or visual media as a single, standalone crime. Instead, prosecutors pursue these allegations under existing criminal statutes, such as identity theft, theft by deception, harassment or cyber harassment, forgery, or related offenses, when AI-generated media is allegedly used to facilitate unlawful conduct.

As a result, penalties depend on the underlying charge and its degree. Depending on the circumstances, a person may face exposure ranging from misdemeanor-level offenses to felony charges carrying potential prison sentences of several years and fines that can reach tens of thousands of dollars under New Jersey law.

In your defense, your attorney may challenge:

  • Whether the media was actually deceptive
  • Whether the accused (you) created or distributed it
  • Whether it was used to commit another crime
  • Constitutional issues involving speech and intent

Allegations involving deceptive AI or deepfake media often depend on complex questions of intent, authorship, and how the content was actually used. Because New Jersey prosecutes these cases under existing criminal statutes rather than a standalone “deepfake” law, outcomes frequently turn on whether the State can clearly connect the AI-generated media to a specific criminal offense and prove each required element beyond a reasonable doubt. Careful analysis of the evidence and the surrounding circumstances is critical to determining whether the charges are legally and factually supported.

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The Difference That Early Intervention by an AI Cybercrime Defense Attorney in Totowa, NJ, Can Make

AI-related investigations often involve complications such as:

  • Complex digital evidence
  • Technical misunderstandings
  • Overbroad interpretations of intent
  • Multiple overlapping charges

An experienced criminal defense attorney can help by:

  • Intervening on your behalf before charges escalate or potentially even before charges are formally filed against you
  • Challenging unlawful searches or seizures to protect your rights and get improperly obtained evidence thrown out
  • Preventing overcharging and prosecutorial overreach by consistently advocating for your rights, best interests, and legal protections
  • Working to reduce or dismiss charges through careful case preparation and, when appropriate, negotiations with the prosecutor
  • Protecting your record and future by thoroughly investigating the case, gathering evidence that supports your defense, and building a customized legal strategy

Because AI-related cybercrime cases can develop quickly and involve technical evidence that is difficult to undo once formal charges are filed, the steps taken early in an investigation often shape the entire course of the case. Having experienced legal guidance at this stage can help ensure that evidence is properly examined, rights are protected, and decisions are made with a full understanding of the potential legal consequences before the case moves further forward.

How Camili & Capo, PA Can Help

When someone is investigated or charged in connection with alleged AI-related fraud or cybercrime, early legal decisions can have lasting consequences. At Camili & Capo, PA, we approach these cases by focusing on careful analysis, early intervention, and strategic case development from the outset.

Depending on the circumstances of the case, the firm may take steps such as:

  • Reviewing the investigation from the ground up, including how law enforcement identified the alleged conduct, obtained digital evidence, and linked it to the accused
  • Evaluating computer access and authorization issues, including whether access was actually prohibited, exceeded permission, or misunderstood by investigators
  • Analyzing AI-related evidence and technical claims, such as the use of automation, scripts, or software tools, to determine what can (and cannot) be reliably attributed to a specific individual
  • Identifying constitutional and procedural issues, including unlawful searches, improper data collection, or violations of privacy rights
  • Assessing charging decisions and exposure, including whether offenses are overcharged, duplicative, or unsupported by the evidence
  • Developing a defense strategy tailored to the facts, whether that involves pre-charge advocacy, motion practice, negotiations with prosecutors, or preparation for trial

Throughout the process, Camili & Capo, PA works to ensure that complex technical allegations are clearly examined, challenged where appropriate, and placed in the proper legal context as the case moves forward.

Why Choose Camili & Capo, PA as Your New Jersey AI Fraud Defense Lawyer?

Successfully navigating AI-related cybercrime allegations requires not only the right strategy but also the right legal team to execute it effectively. Find out why defendants throughout the state trust Camili & Capo, PA, when they need a New Jersey AI fraud defense lawyer to represent them.

The Skills to Manage Complex Cases

With their highly technical nature, as well as overlapping legal concerns, AI fraud and cybercrime cases are challenging matters to defend against. Informed in part by Krenar Camili, Esq.’s experience as a former prosecutor, our team has the skills, resources, and dedication to handle even the most complex issues so that our clients have capable legal guidance at every stage of the criminal justice process.

Trial-Ready Approach Backed by Courtroom Experience

At Camili & Capo, PA, we’re always willing to take cases to trial if necessary to get our clients the most favorable results possible. As seasoned litigators, we know how to prepare for a trial effectively, and we aren’t afraid to stand up for your interests in court.

A Client-Centric Outlook on Criminal Defense Representation

We put our clients first, always, and we bring care and compassion to our criminal defense practice. Our team provides full-service legal support and is willing to travel to meet our clients in jail if necessary to provide dedicated defense services to clients throughout New Jersey.

Contact a New Jersey AI Fraud Defense Lawyer at Camili & Capo, PA Today for a Free Consultation

If you are accused of AI-related fraud or cybercrime, the charges may carry serious felony penalties, including prison time, fines, and permanent damage to your reputation. The sooner you bring on legal counsel that’s devoted to securing the best possible outcome for you, the better a position you will be in to meet the demands of the legal process, make informed decisions about your defense, and implement the most promising legal strategy.

Minimizing the impact of this legal trouble on your future begins with the right representation. For help from an AI cybercrime defense attorney in Totowa, NJ, contact Camili & Capo, PA online or call (973) 834-8457 today.

Frequently Asked Questions About AI Fraud and Cybercrime Charges in New Jersey

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