This guide explains every major alternative to conviction available in Nassau County’s criminal court system — from ACDs to drug treatment court to the new Pre-Arraignment Diversion program — and how an experienced criminal defense attorney can fight to get you into one.

Adjournment in Contemplation of Dismissal (ACD)

The ACD is the single most important alternative to conviction in New York criminal law. Under Criminal Procedure Law §170.55 (for misdemeanors) and §170.56 (for marijuana-related offenses), the court can adjourn a case for a set period, and if the defendant stays out of trouble during that time, the charges are dismissed and the record is sealed.

Here’s how it works:

The adjournment period. For most misdemeanors, the court adjourns the case for 6 months to 1 year. During this period, you are not on probation — there are no check-ins, no drug tests, and no officer supervising you. In some cases, the ACD includes conditions such as community service, a program completion, or restitution to the victim.

The dismissal. If you are not re-arrested and you complete any conditions the court imposed during the adjournment period, the charges are automatically dismissed. You do not need to return to court for the dismissal — it happens by operation of law.

The sealing. Once the charges are dismissed under an ACD, the arrest record and all associated records are sealed under CPL §160.50. This means the arrest will not appear on most background checks. For many people, especially professionals worried about whether their employer will find out about an arrest, an ACD is the best possible outcome short of an outright dismissal.

What charges are eligible for an ACD?

In theory, virtually any misdemeanor or violation is eligible for an ACD. Common charges where ACDs are granted include petit larceny/shoplifting, harassment, disorderly conduct, trespassing, minor drug possession, and certain assault cases. However, an ACD is not available for DWI charges (VTL §1192), domestic violence offenses involving a family offense petition, or sex offenses — these are specifically excluded by statute.

The catch: ACDs require the DA’s consent.

Under CPL §170.55, an ACD can be granted with the consent of both the prosecution and the defense, or on the court’s own motion. In practice, in Nassau County, the DA’s office has significant influence over whether an ACD is offered. As we’ve discussed in our post on how Nassau County’s criminal court system is different, the local DA’s office is more conservative than many other jurisdictions in New York. Securing an ACD here often requires persistent, informed advocacy from defense counsel who knows the ADAs and the judges personally.

Pre-Arraignment Diversion (PAD)

Nassau County’s Pre-Arraignment Diversion program (PAD) is one of the most valuable alternatives available — and one of the least known. PAD diverts eligible individuals away from the criminal court process entirely, before they are even arraigned. If you are accepted into PAD and complete the program, the DA’s office either declines to prosecute or dismisses the case, your fingerprints and arrest photographs are destroyed, and the criminal record for the arrest is sealed.

Who is eligible?

PAD is offered to individuals who have received Desk Appearance Tickets (DATs) for certain low-level, non-violent, non-victim offenses. The most common eligible charges include:

Criminal Possession of a Controlled Substance in the Seventh Degree (PL §220.03) — a Class A misdemeanor covering small-quantity drug possession.

Petit larceny and certain low-level theft offenses without individual victims (e.g., retail theft from large chain stores).

Criminal possession of marijuana and certain cannabis-related offenses.

Other low-level misdemeanors and violations at the DA’s discretion.

Who is NOT eligible?

PAD excludes individuals arrested for offenses against individual victims, DWI offenses, those with open pending criminal cases, those with prior felony convictions, those on probation or parole, and those with outstanding warrants.

How does it work?

If you receive a DAT for an eligible offense, the DA’s office will contact you with an offer to participate in PAD before your arraignment date. If you agree, you meet with intake specialists from the Family and Children’s Association (FCA), who assess your needs and connect you with appropriate services — which may include community service, substance abuse treatment, job training, counseling, or other community-based programs. Nothing you say to the intake specialists can be used against you if the case ultimately goes to court. If you decline PAD, there is no adverse impact and your case proceeds to arraignment as scheduled.

Why PAD is so valuable: Unlike an ACD, which still requires an arraignment, a court appearance, and a period of adjournment on your record, PAD resolves the case before you ever set foot in a courtroom. There is no arraignment, no criminal court file, and no record of a court proceeding. For people who need the matter resolved quickly and quietly, PAD is the gold standard.

Drug Treatment Court

Nassau County operates a Drug Treatment Court at the courthouse at 99 Main Street in Hempstead. This program is designed for defendants whose criminal behavior is driven by substance abuse. If you successfully complete the program, your charges can be dismissed or significantly reduced.

Eligibility requirements:

You must be at least 21 years of age.

You must be facing charges that could result in a sentence of 90 days in jail, or you must have at least two prior criminal convictions.

Alcohol or substance abuse must have contributed to the pending charge — this is common with drug possession cases but can also apply to theft, burglary, and other offenses driven by addiction.

Your charges must be misdemeanors or violations with no pending felony charges.

You must acknowledge having a substance abuse problem and be willing to engage in treatment for at least 12 months.

What the program involves: Drug Treatment Court is not a free pass. It is an intensive, level-based treatment program that includes random drug testing, individual and group counseling, case management, and regular appearances before the Drug Court judge. The program lasts a minimum of 12 months. If you fail to comply, you face the original criminal charges plus potential additional consequences.

Why it’s worth it: For people genuinely struggling with addiction, Drug Treatment Court offers something the regular criminal process cannot: real treatment, structured support, and a path to dismissal. A successful completion can mean the difference between a criminal record that follows you for life and a fresh start.

Felony Judicial Diversion (CPL §216.05)

For defendants facing felony charges where substance abuse was a contributing factor, New York offers Judicial Diversion under CPL §216.05. This program is separate from the misdemeanor Drug Treatment Court and operates at the felony level, typically in the Nassau County Court in Mineola.

Under Judicial Diversion, the court can order you into a treatment program as an alternative to incarceration. If you successfully complete the program, the court can dismiss the felony charges, reduce them to a misdemeanor, or impose a non-incarceratory sentence. This can mean the difference between years in state prison and a dismissal.

Eligibility considerations:

You cannot have been convicted of a violent felony in the past 10 years.

You must have a documented history of alcohol or substance abuse that contributed to your criminal behavior.

Both the defense and prosecution present evidence at a judicial diversion hearing, and the court makes the final determination.

Judicial Diversion is particularly relevant for individuals facing felony drug charges or repeat offenders whose criminal history is driven by addiction. It can also apply to certain theft felonies and other non-violent offenses where substance abuse is a documented factor.

Veterans Treatment Court

Nassau County operates a Veterans Treatment Court at 99 Main Street in Hempstead, designed specifically for current and former military service members whose criminal charges are connected to issues arising from their service — including PTSD, traumatic brain injury, substance abuse, and mental health conditions.

Veterans Treatment Court provides substance abuse and mental health treatment, one-on-one veteran peer mentor support, coordination with the Department of Veterans Affairs for healthcare and benefits, and regular court appearances with a dedicated judge who understands military-specific issues. Successful completion can result in dismissal or significant reduction of charges.

If you are a veteran facing criminal charges in Nassau County, this program can be a lifeline. Your attorney should raise your veteran status at the earliest possible stage of the case.

Mental Health Court

Nassau County’s Mental Health Court is a diversion program for individuals with documented mental illness whose psychiatric symptoms contributed to their criminal conduct. The program handles both felony and misdemeanor cases and provides comprehensive mental health treatment and services as an alternative to incarceration.

Mental Health Court is particularly relevant for individuals whose criminal charges stem from behavior during a mental health crisis — including certain assault charges, disorderly conduct, harassment, criminal mischief, and other offenses that may appear in the context of untreated or undertreated psychiatric conditions. Successful completion can result in charges being dismissed or reduced.

The STEP Program (DWI-Specific)

While most diversion programs exclude DWI offenses, Nassau County offers the STEP Program (Supervision, Treatment, Education, and Prevention) specifically for DWI defendants. Following a DWI or DWAI-Drug charge, defendants can be referred by the court, the Probation Department, or their attorneys for a clinical assessment to determine substance abuse treatment needs.

The STEP Program does not result in a dismissal of charges the way an ACD does. Instead, it is incorporated into the sentencing or probation conditions and can result in more favorable sentencing outcomes. For first-offense DWI defendants, demonstrating engagement with the STEP Program can help your attorney argue for a reduced sentence or a conditional discharge rather than probation.

How to Maximize Your Chances

Getting into a diversion program or securing an ACD does not happen by default. In Nassau County, it requires strategic advocacy from an attorney who understands the local landscape. Here is what matters most:

Act quickly. Some programs, like PAD, must be accepted before arraignment. Drug Treatment Court evaluations should be requested as early as possible. The earlier your attorney engages with the DA’s office about alternatives, the more likely you are to secure one.

Build the case for diversion. The DA and the judge want to see that you are taking the situation seriously. Voluntarily enrolling in counseling, substance abuse treatment, community service, or anger management before your court date demonstrates accountability and makes the argument for diversion much stronger.

Understand what the DA’s office values in Nassau County. As we’ve repeatedly noted, Nassau County’s DA’s office is more conservative than its counterparts in Brooklyn, Manhattan, or the Bronx. But “conservative” does not mean “inflexible.” ADAs in Nassau County respond to preparation, professionalism, and a well-documented record of the defendant’s positive steps. A defense attorney who has daily relationships with these prosecutors can make arguments that a stranger to the courthouse cannot.

Know the exclusions. Not every charge is eligible for every program. DWI offenses are excluded from ACDs but may qualify for STEP. Domestic violence cases are excluded from ACDs under certain circumstances but may be eligible if no family offense petition has been filed. Felonies generally require Judicial Diversion rather than a standard ACD. An experienced attorney maps out every available pathway and pursues the one most likely to succeed.

Contact Hochhauser Criminal & DWI Defense Today

A criminal charge does not have to become a criminal conviction. But the window for alternatives closes quickly, and the opportunities are only available to those who know they exist and fight for them. At Hochhauser Criminal & DWI Defense, Richard Hochhauser is a former Nassau County prosecutor who spent years on the other side of these negotiations. He knows which programs are available, which ADAs are receptive, and how to position your case for the best possible outcome.

We represent clients facing every type of criminal charge across Nassau County, Suffolk County, and all of Long Island — including drug charges, theft offenses, assault, DWI, domestic violence, and more. If you’ve been arrested and want to explore every option for keeping a conviction off your record, contact us today for a free, confidential consultation. Call or text (516) 939-1529. Our office is located directly across from the Nassau County courthouse at 164 Jackson Street in Hempstead.

What Is a Police Stop?

A police stop, also called a detention, happens when an officer asks you to stay in one place or answer questions.

• Not the same as an arrest: You are temporarily held, but not officially in custody.
• Legal requirement: Officers need reasonable suspicion — specific facts suggesting a crime is happening or just happened.

Being a Victim Doesn’t Automatically Allow a Stop

• Police can approach you and ask questions if they think you are a victim.
• They cannot forcibly detain or arrest you just because you are a victim.
• Officers need a reason to believe you are connected to the crime, even if it’s only as a witness.

What Police Can and Cannot Do

Police can:

• Ask questions or take a statement
• Provide help if you are in danger

Police cannot (without legal reason):

• Detain you for a long time
• Search you
• Arrest you solely because you might be a victim

Your Rights During a Police Stop

• Ask: “Am I free to go?” — if the officer says yes, you can leave.
• Right to remain silent: You don’t have to answer questions.
• Probable cause for arrest: If a stop turns into an arrest, officers must have a strong legal reason.

How Hochhauser Criminal Defense Can Help

Being a victim does not give police unlimited power to detain or search you. If your rights are violated during a police stop, it’s critical to contact an experienced Nassau County criminal defense attorney.

At Hochhauser Criminal Defense, we help clients:

• Understand their rights
• Challenge illegal stops or detentions
• Protect their freedom and legal interests

Whether you’re a victim, witness, or suspect, our team ensures your rights are fully protected.

Even if the alleged victim changes their mind, the case can still move forward. The DA reviews the evidence carefully and considers factors like police reports, witness statements, and any physical evidence. In some situations, charges may be reduced or dismissed, but this usually happens only if there is a lack of evidence or errors in the investigation.

Domestic violence charges can carry serious consequences, including jail time, fines, probation, and restraining orders. Because of this, having an experienced criminal defense lawyer is critical. Hochhauser Criminal & DWI Defense can provide expert guidance, explain rights, and help navigate the court process to achieve the best possible outcome.

For more information or to schedule a consultation, visit Hochhauser Criminal & DWI Defense. Acting quickly and securing professional legal advice is essential in Nassau County domestic violence cases to ensure that all legal rights are fully defended.

Free Consultation

In person, by video call or phone call

On over 230 reviews

Former Prosecutor

Brings years of experience from both sides to every case.

Nassau vs. New York City vs. Suffolk

Where your Nassau County case will be heard

How a case moves through the Nassau system

1. Arraignment in Hempstead. The charges are read, you plead not guilty and the judge decides release. See Nassau County arraignment and bail.
2. Misdemeanors stay in District Court. Your case is assigned to a courtroom (a “part”) at 99 Main Street for conferences, motions and, if needed, trial.
3. Felonies go to a grand jury. If indicted, the case moves to County Court in Mineola, with different judges and more senior prosecutors.
4. Discovery and the speedy trial clock. The prosecution must turn over its evidence and certify compliance. Mistakes here can lead to dismissal.
5. Resolution. Dismissal, an ACD, a reduction, treatment court, a plea or trial.

DWI in Nassau County

Nassau County takes DWI cases seriously. The District Attorney’s office has prosecutors who focus on DWI, and the court has dedicated DWI parts. Reductions are harder to get here than in many counties, and they usually depend on finding real problems with the evidence or presenting strong mitigation, such as early treatment.

Hard is not the same as impossible. Richard Hochhauser is a former DWI-unit prosecutor, and our results include many Nassau DWI cases reduced to DWAI, a traffic infraction, as well as dismissals. See our Nassau County DWI lawyer page.

Why a local Nassau County lawyer matters

• Knowing which prosecutors and judges handle which parts, and what each one needs to see
• Knowing the District Attorney’s plea policies, so time is spent on what can actually be won
• Being in the building every day, so short-notice appearances and calendar problems get handled

Recent Nassau County results

Prior results do not guarantee a similar outcome.

Nassau County courts: frequently asked questions

Related: Arrested in Nassau County · Arraignment and bail · Nassau County Court in Mineola · Nassau County criminal defense

Many people think the case will disappear if the other person doesn’t want to “press charges,” but that’s not true. In Nassau County and throughout New York, the District Attorney’s Office can still prosecute the case even if the accuser changes their mind.

The Consequences of a Domestic Violence Conviction

A domestic violence conviction can seriously affect your future. Depending on the case, possible penalties include:

• Jail or probation
• Orders of protection that limit contact with the accuser or family members
• Mandatory counseling or anger management programs
• A permanent criminal record that can harm job, housing, or education opportunities

Even a misdemeanor conviction can follow you for years.

Why You Need a Strong Legal Defense

Domestic violence cases move quickly, and the system can feel confusing and intimidating. Having an experienced Nassau County criminal defense lawyer on your side can make all the difference.

At Hochhauser Criminal & DWI Defense PLLC, our attorneys understand how these cases are handled in Nassau County courts. We review the evidence, identify weaknesses in the prosecution’s case, and work to protect your record, your reputation, and your freedom.

Our goal is to get you the best possible outcome—whether that means reduced charges, dismissal, or a strong defense at trial.

Speak With a Nassau County Domestic Violence Lawyer

If you or a loved one has been accused of domestic violence in Nassau County or anywhere on Long Island, it’s important to act fast. The earlier you get legal help, the better your chances of protecting your future.

To schedule a confidential case evaluation, call or visit Hochhauser Criminal & DWI Defense PLLC.

1. What the Law Says

Loitering means hanging around in a public place without a clear reason, especially when doing so in a way the law specifically prohibits. Examples include:

• Staying in a school building without a good reason or permission
• Hanging around with the intent to gamble or use drugs
• Begging in a way that disturbs others

The law doesn’t punish ordinary standing or walking—it targets loitering tied to certain activities.

2. Penalties if Convicted

Loitering in New York is usually treated as a violation. This is less serious than a misdemeanor or felony but can still lead to:

• Up to 15 days in jail
• A fine of up to $250
• A criminal record of the violation

While not as severe as higher-level crimes, even a violation can cause problems with employment, housing, or immigration status.

3. What the State Must Prove

To convict someone of loitering, the prosecutor has to show that:

1. The person was in a public place.
2. They were there without a clear or lawful reason.
3. They intended to engage in one of the prohibited activities (gambling, drugs, begging, unauthorized presence in a school, etc.).

If the prosecution cannot prove all three, the charge may not hold up in court.

Free Consultation

In person, by video call or phone call

On over 230 reviews

Former Prosecutor

Brings years of experience from both sides to every case.

Harassment charges in New York

Common examples

• Repeated calls, texts or social media messages after being told to stop
• Shoving or slapping someone during an argument
• Showing up at someone’s home or job repeatedly
• Threats made by text, phone or email
• Messages to an ex-partner during a breakup or custody dispute

Orders of protection

In most harassment cases involving family, household members or a former partner, the judge issues an order of protection at arraignment. A full order can bar all contact and keep you out of your own home. A limited order allows contact but prohibits harassment and threats. Violating either one is a new crime, even if the other person reached out first.

How we defend harassment charges

How harassment cases usually end

• Dismissal
• An adjournment in contemplation of dismissal (ACD), often with an order of protection during the adjournment
• A reduction to harassment 2nd degree or disorderly conduct, non-criminal violations

Recent results

More results: our successful cases.

Prior results do not guarantee a similar outcome.

Harassment: frequently asked questions

Related: Harassment 2nd degree · Aggravated harassment · Stalking · Domestic violence

Free Consultation

In person, by video call or phone call

On over 230 reviews

Former Prosecutor

Brings years of experience from both sides to every case.

What counts as disorderly conduct

You can be charged when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk of it, you:

• Fight, or act in a violent, threatening or tumultuous way
• Make unreasonable noise
• Use abusive or obscene language or gestures in a public place
• Disturb a lawful assembly or meeting
• Block vehicle or pedestrian traffic
• Gather with others in a public place and refuse a lawful police order to leave
• Create a hazardous or physically offensive condition for no legitimate purpose

Penalties

Disorderly conduct as a plea bargain

Prosecutors often offer a plea to disorderly conduct to resolve charges like petit larceny, assault in the third degree, criminal mischief, and sometimes felonies. For many people that is a very good result:

Recent results ending in disorderly conduct

More results: our successful cases.

Prior results do not guarantee a similar outcome.

Disorderly conduct: frequently asked questions

Related: Long Island criminal defense lawyer · Harassment charges · Petit larceny · Assault 3rd degree

The moments after an arrest are disorienting. If you’re reading this, you are likely facing a situation filled with uncertainty. Your first formal step in the legal process will be the arraignment, a brief but critically important court appearance that sets the stage for your entire case.

At Hochhauser Criminal & DWI Defense, we believe that you cannot afford to be unprepared for this moment. As seasoned defense lawyers practicing in Nassau County and across New York, we want to explain what truly happens at an arraignment and why our presence by your side is essential.

What Is an Arraignment, Really?

An arraignment is your first appearance before a judge, typically held within 24 hours of your arrest. While it may only last a few minutes, its consequences can last for months or years.

At this hearing, the court will:

1. Formally read the criminal charges that have been filed against you.
2. Require you to enter a plea of “guilty” or “not guilty.”
3. Decide your custody status—the bail hearing—which determines if you will be released or held in jail.

This is not a trial. It is the first strategic battleground where your freedom and the foundation of your defense are at stake.

The Arraignment Process: A Tactical View

When we represent a client at an arraignment, we are not passive observers. We are there to actively protect your rights and fight for your immediate release.

Step 1: The Charges and the Strategic Plea

The judge will state the charges you are facing, whether it’s a DWI, a drug crime, or another serious offense. You will then be asked to plead.

With our counsel, your plea will be “not guilty.” This is the only plea that protects you. It triggers your constitutional rights, including the right to an attorney and the right to see the evidence against you. Pleading guilty at this stage is a surrender—it ends your case and moves you directly to sentencing without a fight.

Step 2: The Bail Hearing — Arguing for Your Freedom

This is often the most critical part of the arraignment. The prosecutor will try to convince the judge to set a high bail amount to ensure you return to court. Our job is to argue passionately and effectively for your release on the least restrictive terms possible.

We come to court prepared to present you as a person, not a statistic. We will highlight your stable employment, your family, and your deep ties to the community to show the judge that you are not a flight risk. A strong argument from an experienced criminal defense attorney is the single most important factor in securing your release.

Why You Cannot Afford to Face Arraignment Alone

Walking into a Nassau County courtroom without an experienced lawyer is a severe disadvantage. The prosecutor is not on your side, and the court system is complex. Having our firm with you from the very beginning is non-negotiable.

• We Protect Your Rights: We ensure your constitutional rights are asserted and protected from the moment we are retained.
• We Fight for Your Release: Our primary goal at arraignment is to have you released without bail so you can return to your life while we handle your case.
• We Build Your Defense: The information gathered and the arguments made at arraignment are the first steps in building a successful defense strategy. Our firm’s extensive experience, which you can read about on our About Us page, is a crucial asset from day one.
• Our Record Speaks for Itself: We have a history of achieving favorable outcomes for our clients. We encourage you to review our Case Results.

Your First Call Is Your Most Important One

The time to act is now. The prosecution is already preparing its case against you. You need a dedicated, aggressive legal team in your corner immediately.

If you or a loved one has been arrested, do not wait. Contact Hochhauser Criminal & DWI Defense for a confidential consultation. Let us stand with you and fight for you, starting today.

The answer isn’t simple, and it depends on your specific situation. Here’s what every Nassau County driver should know about their rights during a traffic stop.

Your Constitutional Rights During a Traffic Stop

You have the right to remain silent under the Fifth Amendment to the U.S. Constitution. This means you don’t have to answer questions beyond providing basic information like your license, registration, and insurance.

However, traffic stops are different from other police encounters. You are legally required to provide certain documents when asked by an officer.

What You MUST Provide During a Traffic Stop in New York

New York law requires you to show police:

• Your driver’s license
• Vehicle registration
• Proof of insurance

Refusing to provide these documents can result in additional charges. You must hand these over if the officer asks, but you can do so without engaging in conversation.

What You DON’T Have to Answer

You are not required to answer questions like:

• “Do you know why I pulled you over?”
• “Have you been drinking tonight?”
• “Where are you coming from/going to?”
• “Do you have anything illegal in the car?”
• “Can I search your vehicle?”

When Talking Might Help

In some minor traffic situations, being polite and cooperative might result in:

• A warning instead of a ticket
• A lesser charge (like a parking ticket instead of a moving violation)
• The officer’s goodwill if you’re clearly not impaired or dangerous

For simple speeding tickets or minor violations, basic politeness without admitting guilt often works best.

When You Should Stay Silent

You should strongly consider remaining silent if:

• The officer suspects you of DWI/DUI
• You’ve been drinking any amount of alcohol
• There might be something illegal in your car
• You’re unsure about the facts of what happened
• The officer seems to be building a case for a serious charge

The Nassau County Reality

Nassau County police officers are generally professional, but they’re also trained investigators. Anything you say can be used against you in court. Even innocent comments can be twisted or misunderstood.

For example, saying “I only had two beers” admits to drinking and driving, even if you’re under the legal limit. Saying “I was trying to keep up with traffic” admits to speeding.

How to Handle the Conversation

If you choose to speak with the officer:

DO:

• Be polite and respectful
• Keep your hands visible
• Follow instructions
• Stay calm

DON’T:

• Admit to any wrongdoing
• Volunteer information
• Argue or become confrontational
• Lie (this can make things much worse)

The Bottom Line for Nassau County Drivers

For minor traffic violations where you’re clearly not impaired, being polite while providing required documents often leads to the best outcome. But if there’s any chance of serious charges – especially DWI – staying silent and asking for an attorney is usually your best protection.

Remember: Police officers are doing their job, and part of that job is gathering evidence. Your job is to protect yourself legally while being respectful.

Final Thoughts

There’s no perfect answer to whether you should talk during a traffic stop. Every situation is different. But understanding your rights and the potential consequences of your choices can help you make the best decision in the moment.

When in doubt, providing required documents while politely exercising your right to remain silent is often the safest approach. You can always explain your side of the story later with an attorney present.

Remember: anything you say during a traffic stop can follow you into court. Choose your words carefully, or consider not using any words at all beyond what’s legally required.

Forgery can involve many types of documents such as contracts, checks, identification cards, certificates, or legal papers. The law aims to protect the integrity of written records and prevent fraud.

Common Types of Forgery

• Creating a fake document from scratch
• Altering a genuine document to change information (dates, amounts, names)
• Signing someone else’s name without authorization
• Using forged checks, licenses, or permits
• Submitting fake documents to government agencies or banks

Degrees of Forgery and Penalties

The severity of forgery charges depends on the type of document and the intended fraud:

• Forgery in the 2nd Degree
  • Class D Felony
  • Forging a public record, commercial instrument (like a check), or other important documents
  • Penalty: Up to 7 years in prison
• Forgery in the 3rd Degree
  • Class E Felony
  • Forging less significant documents with intent to defraud
  • Penalty: Up to 4 years in prison
• Forgery in the 4th Degree
  • Class A Misdemeanor
  • Lesser cases or attempted forgery
  • Penalty: Up to 1 year in jail

What the Prosecutor Must Prove

To convict for forgery, the prosecution must prove beyond a reasonable doubt that:

1. You falsely made, altered, or used a written document
2. The document was intended to be used or presented as genuine
3. You acted with intent to defraud, deceive, or injure someone
4. The document was of a nature that could cause legal or financial harm

Common Defenses

People accused of forgery may argue that:

• They had permission or authority to use or alter the document
• The document was not materially false or altered
• There was no intent to defraud or deceive
• The document was not actually used to commit fraud
• Mistake or misunderstanding about the document’s authenticity

Additional Consequences

• Restitution to victims for financial losses
• Permanent criminal record affecting employment and licensing
• Fines and court fees
• Possible loss of professional licenses depending on occupation

New York has some of the nation’s toughest gun and weapon laws. Possession of certain weapons—especially without a license or under prohibited circumstances—can lead to serious misdemeanor or felony charges.

Prohibited Weapons Under NY Law

You can be charged for knowingly possessing any of the following without proper authorization:

• Unlicensed handguns
• Loaded firearms outside the home or business
• Switchblades, gravity knives (with limited exceptions)
• Metal knuckles, brass knuckles, blackjacks
• High-capacity magazines or certain types of ammunition

Charges & Penalties (By Degree)

• CPW 4th Degree (Class A Misdemeanor):
  Possession of prohibited weapon — Up to 1 year in jail
• CPW 3rd or 2nd Degree (Class D or C Felony):
  Possession of a loaded gun outside your home, or prior criminal record — Up to 15 years in prison
• CPW 1st Degree (Class B Felony):
  Intent to use unlawfully or possession of five or more firearms — Up to 25 years in prison

What the Prosecutor Must Prove

To convict you, the prosecution must show:

• You knowingly possessed the weapon
• The weapon was illegal or unlicensed
• For felony cases: the weapon was loaded or there was intent to use unlawfully

Common Legal Defenses

• Lack of knowledge (e.g., someone else’s property)
• Illegal search/seizure violating your rights
• Inoperable weapon (not capable of firing)
• Valid license or exception (e.g., legal transport)

Under New York Penal Law § 205.30, resisting arrest occurs when a person intentionally prevents or attempts to prevent a police officer from lawfully arresting them or another person. It doesn’t matter whether the arrest is for a serious crime or a minor offense—even if that underlying charge is later dismissed, you can still be prosecuted for resisting.

Common Examples:

• Pulling away when officers try to place you in handcuffs
• Running away after being told you’re under arrest
• Blocking or physically interfering with officers making the arrest
• Struggling or fighting back during the arrest process
• Helping someone else resist their arrest

Even minor physical resistance can result in this charge. Words or yelling alone don’t count—it must involve some level of physical interference.

Penalty:

• Resisting Arrest is a Class A Misdemeanor
• Punishable by:
  • Up to 1 year in jail
  • Possible probation, community service, or fines
• Often charged alongside the original offense (e.g., disorderly conduct, assault, drug charges)

What Prosecutors Must Prove:

To convict you, the prosecution must show:

1. A lawful arrest was taking place
2. You intentionally tried to prevent it
3. Your resistance involved physical actions, not just words

The arrest must be legal—if the police did not have probable cause or acted outside their authority, that may be a valid defense.

Common Defenses:

• Excessive force: You acted to protect yourself from unnecessary or illegal physical force
• Unlawful arrest: The police lacked legal grounds to detain you
• No intent: Your actions were instinctive or confused—not purposeful resistance
• No physical interference: You were only arguing or protesting verbally

Criminal mischief in New York means intentionally damaging someone else’s property. The law applies to various types of damage, including:

Common Types of Criminal Mischief:

• Graffiti/tagging – spray painting or defacing buildings, trains, or public property
• Vehicle vandalism – keying, smashing windows, slashing tires
• Breaking items – phones, computers, appliances, or signs
• Public property damage – benches, parks, statues, schools
• Tampering with utilities – gas, water, power lines, or telecom systems
• Computer crimes – deleting files, installing malware, damaging networks
• Agricultural or construction damage – crops, equipment, materials

Key Requirements:

• The act must be intentional
• The property must belong to someone else
• There must be real damage that costs money to fix
• The damage value determines the charge level

Penalties by Degree

4th Degree (Class A Misdemeanor)

• Damage: Over $250
• Penalty: Up to 1 year in jail + $1,000 fine
• Examples: Keying a car, breaking windows, minor graffiti

3rd Degree (Class E Felony)

• Damage: Over $1,500
• Penalty: Up to 4 years in prison
• Examples: Major vehicle damage, smashing electronics, repeated vandalism

2nd Degree (Class D Felony)

• Damage: Over $3,000
• Penalty: Up to 7 years in prison
• Examples: Business property destruction, large-scale vandalism

1st Degree (Class B Felony)

• Damage: Over $250,000
• Penalty: Up to 25 years in prison
• Examples: Destroying buildings, infrastructure sabotage, cyberattacks

Other Consequences:

• Restitution – Paying for repairs
• Community service
• Criminal record
• Civil lawsuits from property owners

What the State Must Prove

1. Intentional Act
   You meant to cause the damage or acted recklessly
2. Ownership
   The property didn’t belong to you
3. No Permission
   You had no authority to damage it
4. Actual Damage
   Measurable financial damage occurred
5. Damage Amount
   Prosecutors must show repair or replacement costs to support felony charges

They don’t have to prove:

• A motive
• That you knew the exact owner
• That the damage was permanent (temporary damage still counts)

Common Defenses

• The damage was an accident
• Permission was given
• The property was yours
• The damage amount is lower than claimed
• Someone else caused the damage

At Hochhauser Criminal and DWI Defense, we understand that your career is your livelihood. An arrest for any offense—from DWI on the Southern State Parkway to a shoplifting accusation at Roosevelt Field—can feel like a threat to everything you’ve worked for. The fear is valid, but the answer to whether your job will find out is complex. It depends on your profession, the nature of the charge, and, most importantly, the outcome of your case.

Arrest vs. Conviction: A Critical Legal Distinction

First, it is vital to understand the difference between an arrest and a conviction.

• An arrest is simply an accusation. You are legally presumed innocent until proven guilty.
• A conviction is a formal judgment of guilt, either by pleading guilty or being found guilty at trial.

Under New York law, it is generally illegal for most employers to ask about or make an adverse employment decision based on an arrest that did not result in a conviction. The key to protecting your career, therefore, is to prevent a conviction from ever happening.

How Your Employer Might Find Out About an Arrest

There are several ways your employment could be impacted. Here’s how it typically happens on Long Island:

1. For Licensed Professionals: Automatic Notification

This is the most direct and immediate way an employer finds out. If your job requires a state license or certification that is tied to your fingerprints, your licensing agency will likely be automatically notified of an arrest. This applies to a wide range of professions in Nassau County:

• Teachers & School Employees: The New York State Education Department will be notified.
• Nurses & Healthcare Professionals: The Office of the Professions (OPD) will be alerted.
• Commercial Drivers (CDL Holders): An arrest for DWI or other serious traffic offenses can trigger a notification.
• Financial Professionals (FINRA licensed): Brokers and financial advisors have strict reporting requirements.
• Security Guards, Childcare Workers, and more.

If you are in one of these fields, it is absolutely critical to hire an attorney immediately. The goal is not just to handle the criminal case, but to strategically manage the impending professional disciplinary investigation.

2. Company Policy & Employee Handbooks

Many companies have policies requiring employees to self-report any arrest or conviction. Failing to do so could be a breach of your employment contract, separate from the criminal charge itself. Review your employee handbook carefully with your attorney.

3. Background Checks

While New York’s Fair Chance Act provides protections, a background check can still reveal a pending case. If a case is dismissed and sealed (under CPL 160.50), it should not appear on most standard background checks. This is why achieving a dismissal is a primary goal in our defense strategy. A conviction, however, will almost certainly show up for years to come.

4. The Public Record and Local News

Arrest records are technically public information. While it’s unlikely your boss is checking the court docket at the Nassau County District Court in Hempstead, high-profile cases or incidents can sometimes be reported in local news outlets or online police blotters.

The Best Defense for Your Career is a Strong Criminal Defense

The single most effective way to protect your job is to prevent a conviction. A favorable outcome—a dismissal, an acquittal at trial, or a reduction to a non-criminal violation—is the ultimate safeguard for your career.

When you hire Hochhauser Criminal and DWI Defense, you are not just hiring a trial lawyer; you are hiring a strategist to protect your future. Our approach is twofold:

1. Aggressively Fight the Criminal Charge: As a former Nassau County prosecutor, Richard Hochhauser knows how to dismantle the prosecution’s case. We scrutinize the evidence, challenge police procedures, and negotiate from a position of strength to achieve the best possible outcome in your criminal defense case.
2. Manage Professional Fallout: For our licensed professional clients, we provide guidance on how and when to report an incident to a licensing board and can represent you in administrative hearings that may follow the criminal case.

Your career is too important to leave to chance. If you have been arrested in Nassau County, don’t wait and wonder if your boss will find out. Take control of the situation now.

Contact us at Hochhauser Criminal and DWI Defense for a free, completely confidential consultation. We will discuss the specifics of your case and your profession and lay out a clear plan to defend you. Call our 24/7 line at (516) 939-1529 today.

Free Consultation

In person, by video call or phone call

On over 230 reviews

Former Prosecutor

Brings years of experience from both sides to every case.

How a DWI affects your car insurance

Insurers price your policy on risk. An alcohol-related conviction moves you into their highest risk category, which can mean:

• Large premium increases, often doubling the cost of a policy
• Losing good-driver and multi-policy discounts
• Your insurer declining to renew the policy
• Needing coverage from a high-risk insurer or the New York Automobile Insurance Plan

How long does a DWI affect insurance?

DWI vs. DWAI vs. dismissal: why the outcome matters

Ways to lower your rates after a DWI

• Compare quotes, including from insurers that specialize in high-risk drivers
• Complete a DMV-approved defensive driving course, which can reduce your premium and points
• Keep a clean record. Rates usually fall as the conviction gets older
• Ask your insurer to re-rate the policy once the surcharge period ends

Recent DWI results

More results: our successful cases.

Prior results do not guarantee a similar outcome.

DWI and insurance: frequently asked questions

Arrested for DWI on Long Island? Read about our Long Island DWI defense, or go straight to our Nassau County DWI lawyer or Suffolk County DWI lawyer page.

Let’s take a closer look at this rule and what it could mean for you if you’re facing a DWI charge.

The Law: New York Vehicle and Traffic Law § 1194(2)(a)

This is the law that sets the time limit. It says:

“…no person shall be subject to a chemical test… unless such test is administered at the direction of a police officer… within two hours after such person has been placed under arrest for any such violation…”

In simple terms: Police only have two hours after your arrest to give you a chemical test—like a breathalyzer or a blood draw—to check if you’re under the influence.

Why the 2-Hour Rule Exists

Alcohol doesn’t stay in your system forever. Your body starts processing and removing it as soon as you stop drinking. So, if police wait too long to test you, your blood alcohol level might drop and no longer reflect what it was when you were actually driving.

The two-hour rule helps protect people from being judged by a test result that doesn’t match what was happening at the time of the stop. It ensures the results are as accurate and fair as possible.

Can a Test After 2 Hours Still Be Used?

Sometimes. If the test is done after the two-hour window, it doesn’t automatically get thrown out—but it does open the door for your defense to challenge it. Your lawyer might argue that the delay made the result less reliable or that the officer didn’t follow proper procedures.

In some cases, the court may still allow the test results if there’s a good reason for the delay—like if the person needed medical attention or there was some kind of emergency. But in general, if there’s no clear explanation, a late test can weaken the prosecution’s case.

What You Should Know If You’re Arrested

If you’re ever arrested for a DWI in New York, pay attention to the timing. You don’t have to be a legal expert to remember that police must act quickly. The clock starts ticking as soon as you’re arrested, not when you were pulled over or when the test begins.

If a test was done more than two hours later, you should speak to a lawyer right away. That detail alone could affect how your case turns out.

Arrested for DWI on Long Island? Read about our Long Island DWI defense, or go straight to our Nassau County DWI lawyer or Suffolk County DWI lawyer page.

1. What the Law Prohibits

Petit larceny makes it illegal to steal someone else’s property. Petit larceny only applies if the property that you are accused of stealing has a value that is less than $1,000. This includes shoplifting from stores, taking someone’s wallet, stealing a bicycle, or any other act of taking property that doesn’t belong to you.

2. Penalties if Convicted

If convicted the maximum punishment is up to 1 year in jail. As a Class A misdemeanor, petit larceny can also result in:

• A fine up to $1,000
• Probation instead of or in addition to jail time
• Community service
• A permanent criminal record

3. What the State Must Prove (Elements of the Offense)

To convict someone of petit larceny, the prosecutor must prove beyond a reasonable doubt that the person “steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.”

This breaks down into three key elements:

• Intent: The person meant to permanently take the property away from the owner or use it for themselves
• Wrongful taking: The person took, obtained, or kept property that didn’t belong to them without permission
• Ownership: The property belonged to someone else

The state must also prove that the stolen property was worth less than $1,000 (otherwise it becomes grand larceny, a more serious felony charge).

Why It Matters

Even though petit larceny is a misdemeanor, a conviction can have serious consequences including jail time and a permanent criminal record that can affect employment, housing, and other opportunities. Each element of the offense must be proven beyond a reasonable doubt, and there may be various defenses available depending on the specific circumstances of your case.

In New York, domestic violence isn’t one specific crime – it’s when someone commits certain crimes against a family member, intimate partner, or household member. The most common charges include assault, harassment, stalking, and criminal contempt.

Common domestic violence charges include:

• Assault: Intentionally causing physical injury to a family/household member
• Harassment: Repeatedly annoying, alarming, or threatening a family/household member
• Stalking: Following or repeatedly contacting someone in a way that causes fear
• Criminal Contempt: Violating an order of protection

Penalties Under New York Law

The punishment depends on the specific crime and degree:

Harassment (Class B Misdemeanor):

• Up to 90 days in jail
• Up to 1 year probation
• Fines up to $500

Assault Third Degree (Class A Misdemeanor):

• Up to 1 year in jail
• Up to 3 years probation
• Fines up to $1,000

Assault Second Degree (Class D Felony):

• 2 to 7 years in prison
• Up to 5 years probation
• Fines up to $5,000

Criminal Contempt (Class A Misdemeanor to Class D Felony):

• Up to 1 year in jail (misdemeanor) or 2 to 7 years in prison (felony)
• Probation
• Fines up to $1,000 or $5,000

What the State Must Prove in New York

To convict someone of domestic violence in New York, prosecutors must prove these elements:

For All Domestic Violence Cases:

1. Relationship: The defendant and victim have a qualifying relationship (spouse, former spouse, someone they dated, family member, or household member)
2. Underlying crime: All elements of the specific crime charged (assault, harassment, etc.)

For Assault:

1. Intent: The person meant to cause physical injury
2. Physical injury: They actually caused physical injury to the victim

For Harassment:

1. Intent: The person meant to harass, annoy, or alarm the victim
2. Conduct: They engaged in conduct that served no legitimate purpose

For Criminal Contempt:

1. Valid order: There was a valid order of protection in place
2. Knowledge: The person knew about the order
3. Violation: They intentionally violated the order

The state must prove all required elements beyond a reasonable doubt. In New York, domestic violence cases often involve orders of protection, which are court orders that prohibit contact with the victim.

In New York, grand larceny happens when someone steals property worth more than $1,000. It’s also grand larceny if you steal certain items regardless of their value, like a credit card, public records, or property taken directly from someone’s body.

New York has four degrees of grand larceny based on the value stolen:

• Fourth Degree Grand Larceny: Property worth more than $1,000
• Third Degree Grand Larceny: Property worth more than $3,000
• Second Degree Grand Larceny: Property worth more than $50,000
• First Degree Grand Larceny: Property worth more than $1,000,000

Penalties Under New York Law

The punishment depends on the degree of grand larceny:

Fourth Degree Grand Larceny (Class E Felony):

• Up to 4 years in prison
• Up to 5 years probation
• Fines up to $5,000

Third Degree Grand Larceny (Class D Felony):

• 2 to 7 years in prison
• Up to 5 years probation
• Fines up to $5,000

Second Degree Grand Larceny (Class C Felony):

• 3½ to 15 years in prison
• Up to 5 years probation
• Fines up to $5,000

First Degree Grand Larceny (Class B Felony):

• 5 to 25 years in prison
• Up to 5 years probation
• Fines up to $5,000

What the State Must Prove in New York

To convict someone of grand larceny in New York, prosecutors must prove these elements:

For All Degrees of Grand Larceny:

1. Taking: The person wrongfully took someone else’s property
2. Intent: They intended to permanently deprive the owner of the property
3. Value or type: The property was worth more than $1,000 OR was a special type of property (like credit cards, public records, or property taken from someone’s person)

Additional Requirements by Degree:

• Third Degree: Property worth more than $3,000
• Second Degree: Property worth more than $50,000
• First Degree: Property worth more than $1,000,000

The state must prove all required elements beyond a reasonable doubt. In New York, “wrongfully taking” means taking property without permission and without any right to do so. The prosecution must also prove the actual value of the stolen property through evidence like receipts, appraisals, or expert testimony.