On Wednesday, March 22, 2023, the Supreme Court of California suspended attorney Daniel Matthew Maffeo for misconduct involving child abuse and menacing.

The case is entitled “In the Matter of Daniel Matthew Maffeo,” and was brought by the State Bar of California with case no. S278242.

The charges cited Colorado Revised Statutes sections 18-6-401 subs. (1), (7)(b)(I) and 18-3-206,subd.(1)(a)(b).

The Office of Chief Trial Counsel of the State Bar, through Deputy Trial Counsel, provided analysis and legal support concerning out-of-state convictions. This is related to the respondent’s criminal conviction.

The analysis and legal support state:

“A defendant charged with menacing in Colorado must intend that their conduct was such that it was practically certain to place the victim in fear of imminent serious bodily injury. (People v. Saltray (Colo. App. 1998) 969 P.2d 729, 731; see People v. Lopez (Colo. App. 2015) 399 P.3d 129 [outlining the elements of menacing with a deadly weapon applied to the facts of that case.”

The analysis and legal support continue:

“Colorado Revised Statutes section 18-6-401 subdivision (I) includes violations for causing an injury to a child’s life or health, or permitting a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engaging in a continued pattern of conduct that results in malnourishment, lack Of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child (Colo. Rev. Stat. Ann. 18-6-401 sub. (l)(a)); performing or allowing female circumcision to be performed on a child unless performed for a medical purpose (Colo. Rev. Stat. Ann. 18-6-401 subs. (I)(b); and manufacture, possession, or possession for the manufacture of certain controlled substances in the presence of a child (Colo. Rev. Stat. Ann. 18- 6-401 sub.”

On March 14, 2022, the OCTC provided yet another analysis and legal support requesting information on whether a conviction for the violation of former Colorado Revised Statutes would be a felony in California for discipline purposes.

The analysis and legal support concerning the sentence state:

“In the present case, the respondent received six years’ probation, concurrent, for his two violations of Colorado law. The respondent’s significant probation length, in addition to work release and home monitoring, is indicative of felony probation in California. At the time of the respondent’s conviction, the maximum term of probation in California for a felony was five years, and for a misdemeanor one year. Thus, this court should classify conviction for a felony violation of Colorado Revised Statutes, section 18-3-206, subdivision (l)(a)/(b), (menacing) as a felony for State Bar Court discipline purposes.”

Following the issuance of the same, the court on March 22, 2023, issued an order suspending the respondent from the practice of law.

The Disposition states:

“The court orders that Daniel Matthew Maffeo (Respondent), State Bar Number 259359, is suspended from the practice Of law in California for one year, execution of that period of suspension is stayed, and Respondent is placed on probation for one year.”

Mr. Maffeo practices in Broomfield, Colorado. He is licensed in Colorado as well as in California with licensed no. 259359. His info can be found on martindale.com.

A copy of the original filing can be found here.