When Charged With a Crime ®

We are delighted to announce that the Better Business Bureau has named our Firm a winner of the 2022 BBB Torch Award for Ethics in San Diego County. The BBB award honors businesses that make extraordinary efforts to operate with trust and integrity.

All finalists completed an evaluation where they demonstrated their commitment to ethics and trust in four categories: Character, Culture, Customers and Community. Commenting on the award, Managing Partner David P. Shapiro noted the blessings of having grown up, first as a man and then as a business owner, with role models who stressed the significance of always doing the right thing.

"Our firm's slogan is 'We help good people regain control of their future when charged with a crime,' which is very true," said David. "But we are most proud of not only being able to deliver excellence to our clients, but equally if not more so to be able to create a positive and lasting impact to the San Diego community beyond criminal defense. For us, the uniform is always on, and we welcome that privilege."

In this video, Managing Partner David P. Shapiro discusses the possible consequences of the sexual assault allegation by a woman who says she was raped at an off-campus party last year by former San Diego State and once Buffalo Bills punter Matt Araiza, as well as two other individuals. The woman, who was 17 at the time of the alleged incident, has filed a civil lawsuit against the three men.

The possible ramifications on the criminal side remain unclear. One potential charge could be statutory rape. Notwithstanding an apparent admission by Araiza that he had sexual relations with the woman, the question is whether he had a reasonable belief that she was at least 18 years old, and therefore not a minor, which would be a defense to a statutory rape charge. On the other hand, a more serious charge – forcible rape and/or rape of an intoxicated person – is also possible. The woman claims that she was physically assaulted during the encounters, intoxicated and in and out of consciousness that night, rendering her incapable of consenting to the acts.

At this stage, no criminal charges have been filed. Whatever the outcome, remember that, in our criminal justice system, a person is innocent until proven guilty beyond a reasonable doubt.