Los Angeles Cell Phone and Social Media Crimes Attorney

Every year, the line between our “online” and “offline” lives blurs slightly. A romantic break-up now plays out through deleted photos on Instagram; a business dispute may start with a partner quietly logging into a shared Dropbox; and a single ill-considered TikTok can trigger an avalanche of harassment accusations. California prosecutors are watching this digital migration and are increasingly willing to treat conduct that once felt like a harmless prank or a purely civil wrong as a serious criminal offense. If you are under investigation or have been charged with this offense, you must immediately speak with a Los Angeles criminal defense attorney.

At Kraut Law Group Criminal & DUI Lawyers, Inc., we have built a defense practice precisely for this moment in Los Angeles, where Silicon Beach innovation meets some of the nation’s most aggressive cybercrime enforcement. A detailed guide follows the statutes, penalties, and defenses that shape cell-phone and social-media criminal cases in Los Angeles today. Use it to educate yourself, then call us as soon as you even sense an investigation on the horizon. Early intervention can differ between a quiet dismissal and a felony arrest.

• Unauthorized access: Knowingly accessing any computer, cell phone, or network without permission—even for a split second—falls under Penal Code § 502(c) and may be charged as a misdemeanor or felony depending on the loss involved.
• Data manipulation: Altering, deleting, adding, or destroying data is treated like classic “hacking”; the statute explicitly covers individual social-media profiles and cloud accounts, not just corporate servers.
• “Use” of data: You do not have to copy files or steal money. Simply making any use of data you accessed without authorization—reading private DMs, forwarding screenshots, posting on someone else’s page—can satisfy the element of “use” under § 502(c)(2).

Because cell phones are defined as computers and every modern platform functions as a “computer network,” ordinary smartphone behavior can suddenly fall within § 502 if consent is unclear. That is why prank posts, revenge account takeovers, and even well-intentioned acts such as deleting your photos from an ex-partner’s profile can draw felony charges.

• Identity Theft – PC 530.5: Using another person’s login or creating a fake profile with their information, even briefly, can trigger identity theft counts.
• Electronic Impersonation – PC 528.5: Impersonating someone online “to harm, intimidate, threaten, or defraud” is a wobbler punishable by up to three years.
• Revenge Porn – PC 647(j)(4): Posting or sending intimate images without consent, with intent to cause emotional distress.
• Cyber-Stalking – PC 646.9 & 653.2: Repeated online contact or doxxing that causes a person to fear for safety.
• Wiretapping & Eavesdropping – PC 631 & 632: Intercepting calls, reading texts in transit, or using spyware to record conversations.
• Extortion – PC 518: Demanding money, favors, or silence under threat of posting or leaking digital content.
• Sextortion, CSAM, & Child Luring: Federal charges (18 U.S.C. §§ 2251–2252A) often accompany state counts when minors are involved, and sentences can soar into decades.

• Accessing an ex-partner’s iCloud or Google Photos after the breakup
• Guessing a co-worker’s Slack password to see “what they’re saying about me”
• Modifying LinkedIn entries to embarrass a former business partner
• Installing a GPS or stalking app on a spouse’s phone
• Running a SIM-swap to steal two-factor codes and crypto wallets
• Publicly claiming a YouTuber’s followers are bots and posting private analytics to prove it
• Posing as a celebrity on X (formerly Twitter) and requesting money via Cash App
• Threatening to leak intimate images unless payment or reunion demands are met
• Recording FaceTime or Zoom calls without every participant’s consent
• Swatting or filing false police reports using a spoofed caller ID

• Jail or prison
  • Misdemeanor § 502 convictions: up to 364 days in county jail
  • Felony § 502 convictions: 16 months, 2 years, or 3 years in state prison
  • Consecutive sentences are common when multiple devices or victims are involved
• Fines and restitution: Up to $10,000 per felony count, plus full reimbursement of victim losses, forensic costs, and even public-relations expenses claimed by influencers or businesses.
• Restraining and stay-away orders: Judges routinely bar defendants from all electronic contact, which can cripple careers that rely on social media.
• Asset freezes: Alleged crypto or ad-revenue proceeds may be seized before trial.
• Immigration & licensing: Crimes of moral turpitude and fraud can trigger deportation proceedings and professional-license suspensions.
• Civil lawsuits: Victims may file parallel civil actions under § 502(e) seeking compensatory damages, punitive damages, and attorney’s fees.

• Subpoenas to Meta, Google, Apple, TikTok, and telecommunications carriers
• Geofence and tower-dump warrants pinpointing a cell phone’s presence in a location
• Forensic imaging of seized devices and cloud backups
• Preservation requests that lock down deleted posts, DM threads, and server logs
• Expert testimony linking IP addresses, MAC addresses, and account recovery e-mails
• Social-media “open-source intelligence” units that scrape public posts for motive and intent
• Cooperation with federal task forces when cryptocurrency, child exploitation, or interstate victims are involved

With this arsenal, detectives often assume the digital trail is ironclad. It is not. Metadata can be corrupted; cloud timestamps shift across time zones; multiple users can share an IP address; and screenshots are notoriously easy to fabricate.

• Lack of intent: Many social-media crimes require proof that you knowingly exceeded authorization or intended to defraud or harass. Absent a clear mental state, prosecutors struggle.
• Consent or shared access: Couples, roommates, and co-founders often exchange passwords. Criminal intent is murky if access was once authorized and no explicit revocation occurred.
• Mistaken identity: IP addresses can be spoofed, VPNs rented, and public Wi-Fi networks exploited by strangers.
• Illicit search warrants: We scrutinize every warrant affidavit for overbreadth and lack of probable cause. Suppression of device data can gut the case.
• Statutory overreach: Section 502 predates many modern apps. Courts have dismissed charges where prosecutors stretched the statute beyond legislative intent.
• First Amendment protections: Harassment or doxxing allegations sometimes criminalize speech that, while offensive, is constitutionally protected. California’s social-media transparency law (AB 587) does not expand criminal liability, a point appellate courts have highlighted when weighing free-speech challenges.
• Expert digital forensics testimony: We partner with seasoned analysts who can show juries how metadata is altered or misinterpreted.

• Former Senior Prosecutor Advantage: Founding attorney Michael Kraut served more than 14 years as a Deputy District Attorney in Los Angeles. He understands the charging mindset and knows how to dismantle it.
• Rapid Response Team: We maintain 24/7 availability for search warrant calls and immediate court appearances.
• Tech-savvy investigators: Our private investigators include ex-law enforcement cyber-forensics specialists who speak the same technical language as FBI and LAPD Computer Crime units.
• Strategic Negotiation: Many “cyber-crime” charges can be resolved through civil compromise, restitution, or diversion under California Penal Code § 1000 if handled early and aggressively.
• Courtroom Track Record: We have secured outright dismissals, not-guilty verdicts, and reduced charges in cases ranging from celebrity Instagram impersonations to large-scale SIM-swap conspiracies.
• Personalized, Discreet Service: We know your reputation, and sometimes your livelihood, exists online. We move quickly to minimize press coverage and protect your digital footprint.

• Do not talk to police or “just explain what happened.” Silence is your legal right and your best defense.
• Preserve devices, accounts, and cloud data intact. Deleting files or deactivating profiles can be alleged as further evidence of guilt or destruction of evidence.
• Gather evidence of consent. Screenshots showing shared passwords, old e-mails granting access, or text messages approving a post can undercut the prosecution’s case.
• Document emotional and financial impacts. If you are the accused, track how the investigation damages your job or mental health; it may influence negotiations or sentencing.
• Consult counsel immediately. Early legal advice can stop a search warrant, negotiate voluntary surrender, or persuade prosecutors not to file.

Whether you are accused of snooping on an ex-partner’s Snapchat, running a crypto-wallet phishing scheme, or orchestrating a high-profile TikTok swatting hoax, the stakes are real: felony convictions, vast restitution orders, and a permanent digital scar. California’s cybercrime laws are written broadly, sometimes deliberately vaguely, and Los Angeles prosecutors now possess sophisticated forensic tools. Yet broad statutes cut both ways: the same ambiguity that empowers the state can also open powerful defense arguments.

Kraut Law Group Criminal & DUI Lawyers, Inc. leverages deep prosecutorial insight, cutting-edge forensic resources, and relentless advocacy to turn that ambiguity to your advantage. Contact us the moment you learn of an investigation or receive so much as a social-media takedown notice. The sooner we start, the stronger your defense.

To schedule a free, confidential consultation, call Kraut Law Group Criminal & DUI Lawyers, Inc. 24 hours a day at 888-334-6344 or 323-464-6453 or use our online form.