Recent Blog Posts

Investigation into an Upscale Manhattan Brothel Leads to Multiple Arrests

New York City Criminal Defense Attorney — Thu, 22 Mar 2012 16:00:00 GMT

An investigation has been launched into what is believed to be an upscale brothel that is located in the heart of Manhattan. In what has been termed a "madam case," at least five individuals have been charged for various crimes in relation to the brothel that was discovered not too long ago. Along with a local suburban mother and a matchmaking recruiter affiliated with the site, an alleged money launderer and two more prostitutes have been charged as well.

First reported in the New York Post last Friday, March 9, 2012, it comes as a surprise to some to just now be learning of the arrests that were made weeks ago; in some cases, well over a year ago. The two women accused of prostitution have already had the opportunity to plead not guilty to the charges that were made in their names. Furthermore, the man accused of money laundering and promotion of prostitution (who remains unidentified) has also pled not guilty to the charges set against him. The court case continues, and not much is being released in the way of attorney comments, personal statements, or proceeding happenings. Therefore, it may be a bit of a waiting game until the public is given a better idea as to how the case is playing out.

While little remains known about the case other than small details, it can be assumed that the case is one of high importance, especially considering the allegations and charges that have been made. Sex crimes of any nature are always taken very seriously under United States law, and this case will be no different. For one, additional charges of money laundering will likely make the situation that much graver should a conviction be made. Not only is the defendant facing the possible consequences of a sex crime conviction, including registration as a national sex offender, he is also facing the harsh penalties incurred by white collar crime offenders for his alleged involvement in a money laundering scam. Sex crime offenses and white collar crimes are two of the most harshly punished criminal behaviors in the entire state, and these are both on trial in the case of the Manhattan brothel that has been brought to the attention of law makers and enforcers in the state of New York.

When facing charges of this nature, it is absolutely imperative that you seek the sound legal defense of a New York City criminal defense lawyer. At the law office of Hochheiser & Hochheiser LLP, we are skilled in some of the most difficult areas of the law and we are prepared to defend our clients in whatever allegations have been made against them. To take advantage of our services and to learn what we can do for you, contact a New York City criminal defense attorney from our firm for a free evaluation of your case.

Man Sentenced to Prison for Killing His Sleeping Wife

New York City Criminal Defense Lawyer — Mon, 19 Mar 2012 16:00:00 GMT

Last month, New York City resident J.L. Hawes pled guilty to the murder of his wife, 33-year old T. Hawes, a special education teacher at one of the city's local schools. According to reports, the murder presumably took place on the night of February 1, 2012 or possibly in the early morning of February 2^nd when police found the woman's dead body in her bed. Hawes was arrested two days later by Connecticut state police who located him at a rest stop in Bridgeport off the southbound side of Interstate 95.

Now, just over a month later, J.L. Hawes has been sentenced to a 25 year term in prison for the murder of his wife. The murder case looked at evidence including a baseball bat that was used to commit the crime as well as a note that was left in the couple's home. Appearing to have blood stains on it, the note read, "My life is destroyed…I killed my best friend."

Being accused of murder is a serious allegation, and being convicted is even more serious. If you or someone you know was recently arrested for criminal allegation then you should not wait to involve a New York City criminal defense lawyer from Hochheiser & Hochheiser LLP. We are a New York City litigation firm that concentrates on providing skillful representation and innovative defense tactics to those who have been criminally accused in the state. As a member of the New York criminal defense bar for more than 35 years, our lead attorney has established an aggressive, award-winning law firm that is prepared to take on the circumstances surrounding your case. When you need it most, we are here for you, so do not hesitate to contact a New York City criminal defense attorney from our firm as soon as possible.

15 Year Prison Sentence Given to Man for NYC Subway Shove

New York City Criminal Defense Lawyer — Fri, 16 Mar 2012 22:01:00 GMT

Local restaurant cook, J. Rojas, has been sentenced to 15 years in prison for a conviction of shoving a stranger right into the side of an oncoming subway train in New York City. During the defendant's original sentencing, which occurred last month, the 26 year old was convicted of assault; he was acquitted of the attempted murder charges that were made in his name.

The incident for which the suspect was charged took place nearly two years ago, in August of 2010 when Rojas allegedly pushed a nearby stranger, German native U. Linhart into the side of a New York City subway train that was passing by. Linhart suffered from a punctured lung, broken ribs, leg injuries, and a broken facial bone as a result. The injuries caused her to miss six months of work. In sentencing on Friday, Rojas openly stated that he felt terrible about the injuries that were caused to Linhart, and he has admitted his remorse in the matter. Although prosecutors called the incident a deliberate, yet senseless crime, Rojas' team said it was the result of a drunken accident.

No matter what the circumstances of your case may be, if you are facing criminal charges such as those that Rojas was recently up against, then you cannot afford to go undefended. A New York City criminal defense lawyer from our firm can make sure that this does not happen. At Hoccheiser & Hochheiser, LLP we are prepared to assist in many matters of criminal defense, including those that may be quite complicated in nature. Whether you believe that the accusations made against you were too harsh or you feel that they were false allegations that need to be challenged, we are here to help you face them in the court of the law. You can contact a New York City criminal defense attorney from our firm to learn more.

Over 100 Charged in NYC Identity Theft Ring

Hochheiser & Hochheiser LLP — Sat, 29 Oct 2011 18:40:00 GMT

In an ongoing investigation, a total of 111 individuals were charged criminally due to suspected involvement in an identity theft ring that has said to have been spread across many different industries in New York City area.

Of the 111 charged, 86 have allegedly been taken into custody, while authorities are still looking for the remaining 25 suspects.

Charges range from enterprise corruption, grand larceny and theft.

According to reports, the identity theft ring has said to have been operational since 2010 and includes restaurant workers, bank tellers and other types of service employees.

The Queens District Attorney was quoted as saying that this is the largest and most sophisticated fraud case that he had ever seen.

According to sources, the scheme involved several layers of activity in which the alleged suspects would steal credit card numbers and information from skimming, online, and by other means.

Once the credit card numbers were collected, according to reports, they were sold to teams of illegal credit card manufacturers who would then forge cards of major credit card brands. Next, the team allegedly used "shoppers" who would purchase high end goods and would resell these items overseas for a profit.

If you have been accused of being involved in any type of criminal activity, you may need to talk to a New York City criminal defense lawyer as soon as possible. Your entire future will be in jeopardy with a criminal charge, even a seemingly harmless misdemeanor offense.

At Hochheiser & Hochheiser LLP, the team provides exceptionally skilled and resourceful defense for defendants all across New York City communities. Call the office today for information regarding the charges you are facing and to find out how the team can help you.

Contact a New York City criminal defense attorney at the firm today.

Tips to Find the Right Criminal Defense Attorney

Hochheiser & Hochheiser LLP — Mon, 24 Oct 2011 18:37:00 GMT

If you have recently been arrested and charged with any felony or misdemeanor offense in New York City, you will immediately need to utilize the resources of a criminal defense attorney.

Your future will depend on the New York City criminal defense lawyer that you choose to work with, which is why hiring a lawyer will be one of the most important steps during the defense of your case.

Hochheiser & Hochheiser LLP, a criminal defense law firm serving New York City, Bronx, Brooklyn, Queens, and Staten Island, provides readers with tips to find the right criminal defense attorney for your case.

Begin your search for an attorney as soon as possible. It may take several days or weeks for you to come across the right lawyer, and weeding out the ones without the capacity to provide you with an effective defense is necessary.

Meet with a potential defense attorney in person. If you meet your lawyer face to face before beginning the investigation process, you can gage your comfort with this person or legal team.

Work with an attorney that has trial experience. If your attorney works solely out of court, you may have a problem. There is no substitute for an attorney with trial experience, and without this invaluable ability, you may come to find serious penalties from the criminal system.

With decades of experience in the field of criminal defense, the team at Hochheiser & Hochheiser LLP can provide you with the trial experience and dedication that your criminal case deserves. Whether you are facing charges for drug crimes, gun crimes, theft, sex crimes, or violent crimes, the firm will be able to give you the information you need regarding your case in addition to a competent and custom-made defense strategy.

To learn more about the criminal charges you are facing and how you can find the right attorney for you, contact a New York City criminal defense lawyer today.

Sex Crimes and the New York Sex Offender Registration Act

Dan Hochheiser — Thu, 21 Jul 2011 23:42:00 GMT

An accused charged with a sex crime must not only understand the potential criminal penalties associated with the sex crime charged, such as sentences of prison, probation or a combination of both prison and probation, but also, must be mindful of additional consequences which may flow under the statute commonly referred to as Megan's Law. A client charged with a sex crime must discuss with criminal defense counsel whether the particular charged crime is subject to the registration and notification requirements under New York Correction Law §168-a of the Sex Offender Registration Act ("SORA").

Under SORA the following included crimes under the New York Penal Law trigger the statute's notification and mandatory registration requirements:

an attempt to commit any of the provisions of sections 120.70 (Luring a child), 130.20 (Sexual misconduct), 130.25 (Rape in the third degree), 130.30 (Rape in the second degree), 130.40 (Criminal sexual act in the third degree), 130.45 (Criminal sexual act in the second degree), 130.60 (Sexual abuse in the second degree), 230.34 (Sex trafficking), 250.50 (Unlawful surveillance in the first degree), 255.25 (Incest in the third degree), 255.26 (Incest in the second degree) and 255.27 (Incest in the first degree) or article two hundred sixty-three of the penal law (Sexual Performance by a Child), or section 135.05 (Unlawful imprisonment in the second degree), 135.10 (Unlawful imprisonment in the first degree), 135.20 (Kidnapping in the second degree) or 135.25 (Kidnapping in the first degree) of such law relating to kidnapping offenses, provided the victim of such kidnapping or related offense is less than seventeen years old and the offender is not the parent of the victim, or section 230.04 (Patronizing a prostitute in the third degree), where the person patronized is in fact less than seventeen years of age, 230.05 (Patronizing a prostitute in the second degree) or 230.06 (Patronizing a prostitute in the first degree), or subdivision two of section 230.30 (Promoting prostitution in the second degree), or section 230.32 (promoting prostitution in the first degree) or 230.33 (Compelling prostitution) of the penal law, or (ii) a conviction of or a conviction for an attempt to commit any of the provisions of section 235.22 of the penal law (Disseminating indecent material to minors in the first degree), or (iii) a conviction of or a conviction for an attempt to commit any provisions of the foregoing sections committed or attempted as a hate crime defined in section 485.05 of the penal law or as a crime of terrorism defined in section 490.25 of such law or as a sexually motivated felony defined in section 130.91 of such law; or
(b) a conviction of or a conviction for an attempt to commit any of the provisions of section 130.52 (Forcible touching) or 130.55 (Sexual abuse in the third degree) of the penal law, provided the victim of such offense is less than eighteen years of age; or
(c) a conviction of or a conviction for an attempt to commit any of the provisions of section 130.52 or 130.55 of the penal law regardless of the age of the victim and the offender has previously been convicted of: (i) a sex offense defined in this article, (ii) a sexually violent offense defined in this article, or (iii) any of the provisions of section 130.52 or 130.55 of the penal law, or an attempt thereof; or
(d) a conviction of (i) an offense in any other jurisdiction which includes all of the essential elements of any such crime provided for in paragraph (a), (b) or (c) of this subdivision or (ii) a felony in any other jurisdiction for which the offender is required to register as a sex offender in the jurisdiction in which the conviction occurred or, (iii) any of the provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18 U.S.C. 2252, 18 U.S.C. 2252A, [fig 1] 18 U.S.C. 2260, 18 U.S.C. 2422(b), 18 U.S.C. 2423, or 18 U.S.C. 2425, provided that the elements of such crime of conviction are substantially the same as those which are a part of such offense as of the date on which this subparagraph takes effect.
(e) a conviction of any of the provisions of subdivision two, three or four of section 250.45 of the penal law (Unlawful Surveillance in the second degree), unless upon motion by the defendant, the trial court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that registration would be unduly harsh and inappropriate.

SORA covers enumerated misdemeanors as well as felony sex crimes. The statute also covers offenses committed in other states and under federal law provided "all of the essential elements" of the crime committed in the foreign jurisdiction are included in any of the enumerated crimes covered under New York's SORA.

A defendant charged with Unlawful Surveillance in the Second Degree under subdivisions 2, 3 or 4 of PL §250.45 may escape the SORA requirements by motion to the court based upon an argument that registration would be "unduly harsh and inappropriate" because of "the nature and circumstances of the crime and to the history and character of the defendant."

The SORA statute classifies sex offenders under a three-tiered classification system with 3 being the highest and worst classification requiring lifetime registration and other ongoing reporting and notification requirements, while a 1 classification (lowest and best) triggers a 20 year registration period with less onerous reporting and notification requirements. Also level one sex offenders do not get included in the sex offender database available online to the public.

Prior to making a decision about whether to enter a guilty plea to a sex offense, the accused should consult with an experienced New York City criminal defense attorney for advice about whether the charged crime is covered by SORA, and, if so, where along the three-tiered classification spectrum the accused is likely to fall given: (1) the defendant's background, (2) the nature of the charged crime(s) and (3) other relevant circumstances which may mitigate or aggravate the court's view of the risk posed to society by the accused. The purpose of SORA is not to punish, but rather, New York's highest court has explained the purpose of SORA: "to protect the public from the danger of recidivism posed by sex offenders, to assist the criminal justice system to identify, investigate, apprehend and prosecute sex offenders, and to comply with the Federal Crime Control Act…" People v. Stevens, 91 NY2d 270, 275 (1998)(internal quotes omitted).

If you have been arrested for a sex offense of any kind, please contact our office right away to schedule a consultation with one of our experienced criminal attorneys.

Felonies, Misdeanors & Violations - Categories of Offenses in New York Penal Law

New York City Criminal Defense Lawyer — Sun, 05 Jun 2011 21:49:00 GMT

The New York Penal Law divides offenses into three major categories:

Felonies
Misdemeanors
Violations.

Felonies are the most serious offenses contained in the New York Penal Law. The types of crimes which are considered felonies include: Murder, Narcotics Sales, Gun Sales, Rape, Robbery, Burglary, Assaults with Weapons, Grand Larceny etc... Felonies in New York are assigned a classification from Class A (most serious felony), B, C, D, and E (least serious felony).

Misdemeanors in New York are also divided into classes: A (more serious) and B (less serious). The types of crimes which are considered misdemeanors include: assault resulting in physical injury, possession of small amounts of drugs, petit larceny, criminal mischief, etc...

Violations are non-criminal offenses which are punishable by a maximum of 15 days in jail. Common violations charged in the New York City Criminal Courts are Disorderly Conduct and Harassment. A conviction of a violation does not trigger a criminal record as a violation is not a crime under the New York Penal Law.

In the event you are charged by indictment, felony complaint, misdemeanor complaint, information, desk appearance ticket or summons, you may wish to contact an experienced New York City criminal defense attorney to evaluate your legal options and protect your rights.

Shoplifting Charges in New York City

Daniel Hochheiser — Wed, 04 Nov 2009 18:07:00 GMT

If you are accused of taking merchandise from a store in New York City, you will likely be charged with Petit Larceny and Possession of Stolen Property which are misdemeanors under the New York Penal Law. Conviction of a misdemeanor will mean a criminal record and potential future problems concerning immigration status, school applications, job applications and professional licensing. Hiring an attorney to make efforts to avoid the direct and collateral consequences of a criminal record is important in a shoplifting prosecution. Depending on the circumstances, detention by store security personnel may result in arrest by the New York City Police Department or issuance of a Desk Appearance Ticket by the NYPD.

Additionally, the New York City store where the alleged theft occurred may have a civil claim against the accused under the New York General Obligations Law which provides for imposition of civil liability based upon proof by a preponderance of the evidence for damages in the amount of "the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars" and a penalty not to exceed five hundred dollars. Should you wish to discuss a shoplifting case with a New York City shoplifting attorney, please call Hochheiser & Hochheiser LLP (212) 689-4343 for a consultation to learn about your legal options concerning both criminal and civil matters.

Welcome to our New York Criminal Defense Blog!

Criminal Defense Attorney — Sun, 01 Nov 2009 21:22:00 GMT

We are pleased to announce the launch of our New York criminal defense web site and law blog, and have an RSS feed available.