Attorney David Malcom Shapiro's Legal Cases

Criminal defense

Arizona v. Richard L.

Jun 01, 2007

OUTCOME: The State of Arizona asked for 22 years in prison. 12 years under these facts was an excellent outcome.

Rich was charged with Murder in the first degree for the execution-style slaying of a neighbor who was selling and using methamphetamine. After extensive negotiations, the case was eventually pled to ... second degree murder with a floor of ten years. After several days of a contentious sentencing hearing during which my partner, Tom Kelly, and I examined numerous witnesses and argued for a mitigated sentence by setting the scene of continuing threat created by a drug house in the neighborhood while, at the same time, arguing the existing mental state of a man who confronts someone of whom he is deathly afraid.

Criminal defense

Arizona v. Jeremiah J.

N/A

OUTCOME: Jeremiah faced a minimum of ten years on a possession of dangerous drugs alone. In the end, the attempted murder and weapons misconduct were dismissed and Jeremiah was sentenced to five years.

Jeremiah was charged in three separate cases with Prohibited Possessor of a Firearm, Theft of a Firearm; Possession of Methamphetamine for Sale; and, Attempted Murder in the First Degree. In Arizona, ... the three cases, if Jeremiah was convicted at trial, would have led to a probable outcome of 30 years in prison and a maximum of over sixty years. The case was set for trial. Eventually, the state offered a resolution of five years in prison and Jeremiah accepted it.

Criminal defense

Arizona v. Charles S.

N/A

OUTCOME: Charles faced life in prison if convicted of the pornography charges. The charges were dismissed and he pleaded guilty of Involving a minor in a drug offense. He will spend just over two years in prison.

Charles was charged in two cases with Involving a Minor in a Drug Offense, Possession of Marijuana; and, Possession of Child Pornography. The case was set for a four week jury trial. If convicted, Cha ... rles faced life in prison. In pretrial, motions to suppress and dismiss (probable cause) and prosecutorial misconduct) the child pornography charges were dismissed. After preparation for trial including expert investigation of forensic evidence, witness interviews and motions to preclude evidence, the case remaining case-- involving a minor in a drug offense-- was settled.

Criminal defense

Arizona v. Manuel F.

N/A

OUTCOME: Manuel was given a life sentence by the jury.

Manuel, who had been a lifetime gang member in Los Angeles, was charged with Capital Murder. He and an accomplice who pleaded guilty, were charged with stabbing to death (37 stab wounds) and robbing a ... man they met in a bar. The state alleged seven aggravating circumstances that would make Manuel eligible for the death penalty. The trial lasted eight weeks from guilt phase to penalty (death) phase. After the aggravation phase, one aggravator remained which gave the jury the decision of life or death. The mitigation phase took three weeks. The case was tried with my colleague, Tom Kelly.

Criminal defense

Arizona v. Steven S.

N/A

OUTCOME: Steven was acquitted on all counts and the seemingly never-ending nightmare was ended.

Steve was charged with seven counts of aggravated assault and seven counts of endangerment with a deadly weapon. In all counts, an allegation of dangerousness was alleged which would have made convi ... ction on the least serious count 6.5 years of mandatory prison. Steve was accused of shooting at seven horseback riders from his property with an AK47. After attempting to resolve the case with a plea agreement (if convicted, Steve most likely faced the last years of his life in prison) without success, the case was tried with then-partner, Tom Kelly. The trial lasted three weeks.

Criminal defense

Arizona v. Jose M.

N/A

OUTCOME: Jose pleaded to an aggravated DUI with four months in prison and a dismissal of the other charges.

Jose was charged with Aggravated Assault per Domestic Violence, Felony DUI, and Felony Possession of Marijuana. At trial he faced ten years on the DUI because of his prior record. The marijuana charg ... e was dismissed after a suppression of the evidence for that charge. The state offered a plea that he would serve 4.5 years in prison. The trial lasted three weeks. In the third week the defense asked for and was granted a mistrial. A subsequent motion to dismiss was filed claiming prosecutor misconduct during trial. Prior to the hearing, the state offered a new plea.

David Malcom Shapiro's Legal Cases (6)

Arizona v. Richard L.

Arizona v. Jeremiah J.

Arizona v. Charles S.

Arizona v. Manuel F.

Arizona v. Steven S.

Arizona v. Jose M.