WE DON’T JUST REPRESENT YOU.
WE FIGHT FOR YOU.

Long Island’s Premier Criminal Defense, DWI & Litigation Law Firm. 

CRIMINAL DEFENSE LAWYER

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WE DON’T JUST REPRESENT YOU.
WE FIGHT FOR YOU.

Long Island’s Premier Criminal Defense,

DWI & Litigation Law Firm. 

Richard Hochhauser is a former prosecutor who has handled thousands of criminal cases, including as a member of the specialized Nassau County DWI prosecution unit.  Now, Richard is known as one of the top New York Criminal Defense Lawyers having devoted himself to the defense of the accused.

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DWI / DUI

Driving While Intoxicated and Driving While Under the Influence charges are some of the most intricate criminal areas.  These charges have serious consequences including a criminal record, significant fines, skyrocketing insurance, incarceration, criminal record, and license repercussions.

DOMESTIC VIOLENCE

Domestic violence cases are treated very differently by prosecutors, and therefore need to be treated very differently by defense attorneys. Our firm has the domestic violence defense experience to guide you through these difficult charges.  

LARCENY

Larceny is defined generally as taking another’s property without lawful authority to do so. Depending on the monetary value of the theft, an accused may be charged with petit larceny as a misdemeanor, or varying levels of grand larceny as a felony. The elements of the offenses are generally the same, but the punishments are drastically different. 

FRAUD

Fraud is a very broad criminal offence that ranges from altering a price tag to multi-million dollar Ponzi schemes. While the charge is very similar to theft, fraud requires deceit or falsehood. Depending on the monetary value of the fraud, an accused may be charged with fraud under $5,000 or fraud over $5,000…

SEXUAL OFFENSES

Sexual offenses are incredibly complex and encompass many different charges under the Criminal Code. They are some of the most difficult offenses to defend and require a lawyer with significant experience to help you navigate the criminal justice system.

DRUG OFFENSES

Did the police have valid basis to stop your car? Did the police have a valid basis to search you? Is there a laboratory test confirming the existence of a drug? All of these questions, and others, are important in all drug offense cases. 

ASSAULT

Assault charges carry important elements that must be proven by the prosecution. For example, was there actual injury caused? Was there self-defense? Was there another necessity? Is it a case of “he said – she said”?  Have an experienced assault defense lawyer on your side.

WEAPON CHARGES

Possessing a  weapon, including a firearm, in New York is a heavily regulated activity, There are many firearms offenses, most of which carry significant punishments if convicted including lengthy periods of incarceration.  The offenses vary based on the type of weapon, whether it was loaded, and how it was used.

MORE PRACTICE AREAS

FREE CASE REVIEW

Contact us today for a free initial consultation. Our office is conveniently located on the north shore and south shore of Long Island, and is open for appointments outside of regular hours.

OUR VISION

In our legal system, everyone is entitled to a fair trial, and defendants are innocent until proven guilty. Unfortunately, law enforcement officials and prosecutors often seem to forget this when filing charges or questioning people who have been accused of a crime.

 Don’t stand for mistreatment if you’re facing criminal charges, and don’t just assume your case is a lost cause. Contact experienced Nassau County defense attorney Richard Hochhauser to strategize your defense. 

​Why work with our firm? Because you can’t afford not to.

The consequences of a conviction can be devastating, so you don’t want to risk putting your case in the hands of just any defense attorney in Nassau County. Mr. Hochhauser will give your case the individualized attention it deserves and the aggressive defense it needs. He will work with you to navigate the complexities of criminal law and help you determine the best course of action every step of the way because Mr. Hochhauser is a staunch believer that every client, juvenile and adult, deserves the most rigorous defense possible no matter what the charge.

Top Notch

Mr. Hochhauser was excellent in negotiating for me a great result in my criminal case. He always answered my questions and made me feel relaxed through the whole process.

Posted by Chris
March 11, 2018

Great Lawyer

When I met with Richard, he was very straightforward and honest about what to expect from my criminal case. And – he was exactly right about what would happen. I was very happy I called Richard and he got me a great outcome. I highly recommend him.

Posted by Scott
January 26. 2018

Highly recommend

I had a close family member who was facing a very serious DWI situation. Richard came to the scene of the accident and made sure that my family member’s rights were protected. He was very knowledgeable and professional. He showed he personally cared about the case. I highly recommend him.

Posted by S.S.
November 28. 2017

Excellent Lawyer!

I’ve known Rich for several years. He is a total professional, confident in the courtroom, highly skilled and effective. If Rich represents you, you can rest assured that you’re in great hands and that he will work wonders for you.

Posted by Luigi
December 5. 2017

Thanks for being our lawyer

Me and my wife were involve in child neglect case . in both courts criminal and family.Richard help us out in all the way .and we 100% recommend this lawyer

Posted by Mohamad and wife
March 17. 2018

Fast and effective!

Mc Hochhauser was refreshingly responsive. Messages were immediately returned and he always made himself available for questions. On time, courteous, professional with a pleasant personality, I would definitely use him again without a second thought. I was more than satisfied with the outcome of the case he handled.

Posted by Stacey
January 26. 2018

SUCCESSFUL CASES

LONG BEACH, NASSAU COUNTY DWI CHARGES DISMISSED

Client R.R. was a young law student who made a potential life-altering mistake by driving home from a party at a friend’s house.  

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NASSAU COUNTY AGGRAVATED DWI CHARGES DISMISSED

Client R.H. had absolutely no criminal record, and wanted it to stay that way.  R.H. was charged with aggravated DWI as he blew a .18% blood…

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NASSAU COUNTY DWI CHECKPOINT CASE DISMISSED

Nassau County Criminal Lawyer Richard Hochhauser represented client P.L. charged with DWI in Nassau County.  Due to a prior conviction…

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STALKING AND HARASSMENT CHARGES DISMISSED

Nassau County Criminal Lawyer Richard Hochhauser represented client M.L. In this case, M.L. was charged with stalking a police officer… 

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NASSAU COUNTY DWI CASE DISMISSED

Nassau County Criminal and DWI Lawyer Richard Hochhauser represented accountant client E.S. In this case, E.S. was being charged with a DWI even…

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DRIVING WITH SUSPENDED LICENSE CASE DISMISSED

Nassau County Criminal Defense Lawyer Richard Hochhauser succeeded on his motion to dismiss all of the vehicle and traffic law counts charged… 

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MORE SUCCESSFUL CASES
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Frequently asked DWI questions to a Nassau County DWI Lawyer

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 Law Office of Richard Hochhauser, PLLC
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 conent (“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 Law Office of Richard Hochhauser, PLLC, today!
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 certianly be charged with common law DWI. Especially in Nassau County, it is nearly impossible 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 Valley Stream DWI Lawyer Richard Hochhauser for your free consultation.
Can I be charged with "attempted" DWI in New York?

 

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.

 

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.
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During your free consultation, we will discuss the allegations, possible outcomes, defences to the charges and legal fees. We will also create a clear path moving forward so you completely understand what to expect.

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