LONG ISLAND’S

Premier Criminal Defense Lawyer | Richard Hochhauser, PLLC

Serving Nassau County, Suffolk County, Queens, NYC, and surrounding areas

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RICHARD HOCHHAUSER

WHAT WE DO

Former Nassau County Prosecutor Now Fighting For You

Facing legal charges on Long Island can be an overwhelming ordeal. One moment, life is progressing as usual, and the next, you find yourself caught in the complex criminal justice system. Having a legal advocate on your side early on may be your only hope for a positive outcome.

Richard Hochhauser from Richard Hochhauser, PLLC is an award-winning criminal defense attorney who comprehensively understands both sides of the courtroom. As a former Nassau County prosecutor, Richard gives you an edge, equipping you with a defense strategy informed by experience within the prosecution’s own ranks.

At the core of our practice, we uphold a fierce commitment to justice and the presumption of innocence. Our unique experience includes navigating a variety of criminal cases, from DWIs and traffic tickets to domestic violence and theft. Consider reaching out to our Long Island criminal defense lawyer for aggressive and reliable representation.

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DWI DEFENSE

ZAggravated DWI (AGG DWI) ZDWI First Offense
ZFelony DWI ZDWI Probation
ZDWI License Suspension ZDWAI – Drug
ZDWAI Combination ZZero Tolerance Law (DUI Under 21)
ZLeandra’s Law ZChemical Test Refusal
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CRIMINAL DEFENSE

ZDomestic Violence ZTheft Offenses
ZDrug Charges ZAssault Charges
ZTraffic Tickets ZDriving with a Suspended License
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Why Choose Richard Hochhauser, PLLC?

Choosing the right legal counsel to entrust your freedom with is never easy. Richard Hochhauser stands out among the countless options in Long Island for many reasons, including:
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Extensive experience: Benefit from Richard Hochhauser’s in-depth knowledge of criminal law gained through his experience as a Nassau County criminal lawyer and former prosecutor. This unique perspective allows us to anticipate prosecution strategies and mount effective defenses for our clients.

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Trusted by hundreds of Long Islanders: Our firm has earned a reputation for excellence, with positive ratings and testimonials across various platforms. We are known for our commitment to achieving positive outcomes for our clients.

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Fast and reliable communication: Experience honest, reliable, and fast communication throughout the legal process. Expect clear updates, prompt responses to inquiries, and transparent guidance every step of the way.

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Comprehensive support: Our legal representation is comprehensive, covering every aspect of your case, from investigation and plea negotiation to trial preparation and representation. Count on us to provide dedicated and thorough legal representation at every stage of your case.

If you need an award-winning DWI or criminal defense attorney in Nassau County

Mr. Hochhauser has experience in all elements of criminal law.

OUR EXPERTISE

Recent Cases

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NASSAU COUNTY DWI
CHECKPOINT CASE

Nassau County Criminal Lawyer Richard Hochhauser represented client P.L. charged with DWI in Nassau County. Due to a prior conviction, client P.L was facing jail time if he was convicted for his second DWI. Top Long Island DWI Lawyer Richard Hochhauser was able to obtain a full dismissal of the charges when he proved to the Nassau County District Court that client P.L. was illegally pulled over during an unconstitutional DWI checkpoint by the New York State Police, and thus all evidence was suppressed, forcing the Nassau County District Attorney to dismiss the charges.

DISMISSED

STALKING AND HARASSMENT
CHARGES

Nassau County Criminal Lawyer Richard Hochhauser represented client M.L. In this case, M.L. was charged with stalking a police officer. Attorney Hochhauser argued that the allegations in this case, that Defendant was “following” the officer in a public post office, failed to establish the course of conduct necessary for a stalking allegation. All of the related charges were dismissed along with the stalking charge. Motion practice is a commonly overlooked mechanism to get a dismissal in a criminal case. It is imperative to hold the government to its legal burden on all charges.

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DRIVING WITH SUSPENDED
LICENSE CASE

Nassau County Criminal Defense Lawyer Richard Hochhauser succeeded on his motion to dismiss all of the vehicle and traffic law counts charged, including a misdemeanor charge of driving with a suspended license, for his client E.C. Mr. Hochhauser argued that the Nassau County District Attorney failed to properly serve a sufficient supporting deposition to the Defendant. Judge Helen Voutsinas issued the decision at Nassau County District Court located at 99 Main Street, Hempstead, Nassau County.

WHAT PEOPLE SAY

Client Reviews

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GREAT LAWYER!

Mr. Hochhauser has gotten me the best results in my case I could have asked for. He is truly caring about you and your case and very professional and was always present at all my court appearances. He not only takes care of your case but also makes sure that your personal life is ok. I can only highly recommend his services to anyone who is in need of excellent representation.
Thank You, Richard, my wife and I truly appreciate you.

GUIDO U. FEBRUARY 2021

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HIGHLY RECOMMEND

I hired Richard after my accident. What I liked the most about him is that he is very sincere no matter what. He has a way of explaining things with patience and dedication. He is a lawyer who responds to calls and texts quickly to me. The day I had court, he gave me immense security and that helped me to cope with that day, his dedication and way of giving me the support and security I needed since I was full of fears. Richard is an excellent lawyer dedicated to his work. I give him 5 stars and I recommend him because for me he is an attorney of integrity that gives you a feeling of trust and hope.

ESMERALDA T., MARCH 2021

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FAST AND EFFECTIVE

I found Richard Hochhauser through a google search and I’m beyond thankful I decided to use him for my legal representation. Mr. Hochhauser helped me with a few different motor vehicle violations involving multiple townships. During the time of handling my cases, many of the courts were closed and/or extremely behind schedule due to the covid outbreak. Mr. Hochhauser stayed on top of my cases and kept me informed throughout the process. Richard Hochhauser had my charges either dismissed or greatly reduced to a lesser violation. Mr. Hochhauser always made himself available to me either by text or phone call. He did an amazing job for me and I’m so grateful for his hard work and expertise. Thank you, Richard Hochhauser.

GEORGE C. JUNE 2021

Facing Criminal Charges? You’re Not Alone.

Dealing with criminal charges can be overwhelming and frightening. The stress and uncertainty that come with navigating the criminal justice system are immense. It’s natural to feel anxious about your future and the potential consequences of the charges you’re facing. However, it’s crucial to remember that you don’t have to face this alone.

Seeking the guidance of an experienced criminal defense attorney like Richard Hochhauser is paramount.

At Richard Hochhauser, PLLC, we can provide crucial support and legal representation to protect your rights and advocate on your behalf. With a proven track record of success, we are dedicated to defending the rights and interests of our clients. We are immediately available to residents of Nassau and Suffolk County, ensuring prompt and effective legal representation when you need it most.

Contact us today to schedule a consultation and take the first step towards protecting your future.

Know Your Rights: What To Do Before, During, and After Arrest

If you have been approached by law enforcement or are accused of a crime, it’s vital to know your rights and use them correctly at all times.

Before Arrest:

Law enforcement officers may approach you to gather information about a crime and assess your possible involvement as a witness, suspect, or accomplice. During this encounter:

  • Remain calm and cooperative if approached by law enforcement.
  • Ask if you are free to leave and request to speak with an attorney.
  • Avoid making self-incriminating statements and refuse searches without a warrant.

During Arrest:

Knowing the right and wrong things to do when arrested can determine the course of your case. Here’s what you should do and don’t:

  • Assert your rights to remain silent and request legal counsel.
  • Refuse searches or arrests without warrants unless under exigent circumstances, such as a DUI arrest.
  • Follow lawful orders while maintaining your rights.

After Arrest:

  • Contact a criminal defense attorney immediately for legal advice and representation.
  • Document key details of the arrest, including officers’ names and arrest circumstances.
  • Avoid discussing the case with anyone except your attorney, and don’t post about the arrest on social media.

Knowing and exercising your rights are indispensable when your freedom is on the line. We understand that each second counts. Contact Richard Hochhauser, PLLC today for a consultation and let our experienced team defend your rights and secure your future.

Criminal Cases We Handle

At Richard Hochhauser PLLC, we are dedicated to defending individuals facing a wide range of criminal charges with diligence and determination. Our experienced team focuses on advocating for clients accused of:

  • DWI/DWAI: Driving While Intoxicated (DWI) and Driving While Ability Impaired (DWAI) involve operating a vehicle while impaired by alcohol, drugs, or both, leading to serious legal consequences, including driver’s license suspension, a fine, and possible mandatory jail time.
  • Theft: Theft offenses encompass various acts of taking someone else’s property without permission, including shoplifting, petit and grand larceny, and theft by extortion.
  • Domestic Violence: Domestic violence charges involve abusive behavior within intimate or household relationships, such as physical violence, threats, or harassment.
  • Drug Crimes: Drug-related offenses range from possession and possession with intent to trafficking illegal substances, all carrying severe penalties and a permanent criminal record.
  • Assault: Assault charges involve intentionally causing physical harm or injury to another person, with varying degrees of severity.
  • Traffic Tickets: Traffic violations, such as speeding or running a red light, can result in fines, license points, and increased insurance rates, affecting your driving record.
  • Driving with a Suspended License: Operating a vehicle while your driver’s license is suspended or revoked is called aggravated unlicensed operation (AUO) in NY. Depending on your criminal history and the cause of suspension, AUO can lead to criminal charges ranging from misdemeanors to felonies.

If you are facing any of these charges, our criminal defense law firm is here to provide strategic legal representation and guide you through the complexities of the criminal justice system.

Unique Defense for Your Specific Case

At Richard Hochhauser, PLLC, we believe in a personalized and customized approach to criminal defense. We understand that every criminal case is unique, and we tailor our defense strategies to fit the specific circumstances and needs of our clients.

Our defense strategies are carefully crafted and implemented by our experienced team. Some of the key defense strategies that may used in your case include:

  • Presumption of innocence: In criminal law, it’s the prosecution’s burden to prove guilt, not yours to prove innocence. We challenge the prosecution’s case and hold it to its duty to prove your guilt beyond a reasonable doubt.
  • Violations of Constitutional Rights: If due process wasn’t followed, the reliability of the evidence against you could be questionable.
  • Mistaken Identity: We meticulously examine the evidence to expose any identification fallacies.
  • Self-Defense or Defense of Others: If applicable, we establish that your actions were justified as self-defense or in defense of others to get your charges reduced or dismissed.
  • Entrapment: Our investigation includes assessing whether law enforcement induced you to commit a crime that you would not have otherwise committed.
  • Lack of Intent: In many criminal offenses, intent is a necessary element. When intent can’t be conclusively established, we use this fact to establish a solid defense.

At Richard Hochhauser, PLLC, we understand that the devil is in the details. That’s why every case evaluation, plea negotiation, and trial representation is underpinned by our commitment to custom-fit defenses. We align our criminal defense strategies with your distinct narrative because we know that’s what justice demands.

Immediate Help When You Need It Most: Free Consultation

When facing urgent legal matters, Richard Hochhauser, PLLC is here to provide immediate assistance and dedicated client defense. We understand the urgency of legal issues and are committed to offering prompt and effective legal representation to protect your rights.
Don’t wait—reach out to Richard Hochhauser, PLLC for the help you need when you need it most. Let our experienced team provide the legal support you deserve. Schedule your free consultation now!

GET ANSWERS

Frequently Asked Questions

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01. WHAT ARE THE DIFFERENT TYPES OF DWI IN NEW YORK?
New York designates DWI offenses under six types of offenses:
(a) Driving while ability impaired (a.k.a. “DWAI”). See VTL § 1192(1);
(b) Driving while intoxicated; per se (a.k.a. “per se DWI”). See VTL § 1192(2);
(c) Driving while intoxicated (a.k.a. “common law DWI”). See VTL § 1192(3);
(d) Aggravated driving while intoxicated (a.k.a. “Aggravated DWI”). See VTL § 1192(2-a);
(e) Driving while ability impaired by drugs (a.k.a. “DWAI Drugs”). See VTL § 1192(4); and
(f) Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs (a.k.a. “DWAI Combined Influence”). See VTL § 1192(4-a).

To find out more about your DWI charge, contact Nassau County DWI Lawyers at the Law Office of Richard Hochhauser, PLLC.

02. IS IT ILLEGAL TO DRINK AND DRIVE IN NEW YORK?
Unless a person is under 21 years of age, the mere act of driving after consuming alcohol is not illegal in New York.

In fact, New York DWI laws recognize that the average person can consume a certain amount of alcohol without impairing his ability to drive as he should. So much so, that the New York DWI laws provide that proof of .05 or less of blood alcohol content (“BAC”) is a presumption that the driver was not impaired or intoxicated.

Importantly, some people’s driving abilities may be affected by even a small amount of alcohol consumption and, therefore, would be guilty of driving while impaired while others would not. Driving while ability impaired, or DWAI is the law that takes into account the “subjective” tolerance of individuals in determining the ability to drive by that particular person.

Of course, if a driver has .08 blood alcohol content (“BAC”), then he can automatically be charged with DWI in New York.

If you think you are being charged with DWI for drinking and driving in Nassau County or New York, but you weren’t actually intoxicated, contact the Law Office of Richard Hochhauser, PLLC, today!

03. WHAT IS “COMMON LAW DWI” IN NEW YORK?
VTL § 1192(3) is commonly referred to as “common law DWI.” In essence, it means to drive drunk. No proof of your blood alcohol content, or BAC, is required to sustain a charge of common law DWI in New York.

If you refuse to submit to a chemical test or breath test in Nassau County, New York, then you will almost certainly be charged with common law DWI. Especially in Nassau County, it is nearly impossible for a defendant who refuses to submit to a chemical or breath test to only be charged with DWAI, which is the violation.

Common law DWI is based upon whether your driving, appearance, demeanor, manner of speech, motor coordination, performance on field sobriety tests, etc. establish that you were intoxicated. Not all of the symptoms of intoxication must be present; nor is erratic driving a requirement. Rather, New York law explains the totality of the circumstances must lead to the conclusion that the defendant “voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”

Therefore, to sustain a charge of common law DWI, you must actually appear intoxicated. Thus, if you have a higher tolerance for alcohol than the average person, then this is an argument that can be used in your defense to a common law DWI charge.

If you’ve been charged with common law DWI in Nassau County, call DWI Lawyer Richard Hochhauser for your free consultation.

04. CAN I BE CHARGED IN NEW YORK WITH DWI FOR DRIVING WHILE IMPAIRED BY DRUGS?
In short, no.

In New York, DWI charges (as opposed to DUI) only apply to being intoxicated by alcohol to the extent that the driver is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.

To be charged with driving while intoxicated in York, you must be “intoxicated” by the consumption of alcohol, more specifically an alcoholic beverage, including spirits, wine, liquor, beer, cider, and every liquid containing alcohol and capable of being consumed by a human being.

If you think you have been charged with DWI when you were not intoxicated by an alcoholic beverage, contact Nassau County DWI attorney Richard Hochhauser.

05. CAN I BE CHARGED WITH “ATTEMPTED” DWI IN NEW YORK?
While you cannot be charged with attempting to drive while intoxicated, you can plea to a reduced charged of attempting to driving while intoxicated.

If you have been falsely charged with DWI, contact top rated Nassau County DWI Attorney Richard Hochhauser for a free consultation.

06. WHAT SHOULD I DO IF I'VE BEEN ARRESTED OR CHARGED WITH A CRIME IN LONG ISLAND?
If you find yourself arrested or charged with a crime, it’s imperative to remain silent and ask for an attorney immediately. Any statements made to the police can be used against you in court.
07. HOW CAN A CRIMINAL DEFENSE LAWYER HELP ME?
A criminal defense lawyer can provide a robust defense by investigating the circumstances of your case, building a strong legal strategy, and representing you in court. They fight to protect your rights and aim for the best possible outcome.
08. HOW MUCH DO CRIMINAL DEFENSE ATTORNEYS CHARGE IN LONG ISLAND?
Costs can vary widely based on the complexity of the case and the attorney’s experience. Typically, criminal defense lawyers either charge an hourly rate or a flat fee. It’s important to discuss fees upfront to understand the financial commitment.