Updated 12/05/2009 12:24 AM
Monserrate Sentenced To Three Years' Probation
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State Senator Hiram Monserrate avoided a prison sentence Friday as the Queens Supreme Court sentenced him to three years' supervised probation for having recklessly caused injury to his girlfriend last year.
The Democratic Queens senator learned at his Kew Gardens hearing that he must serve 250 hours of community service, attend 52 weeks of domestic abuse counseling with a trained therapist and pay a $1,000 fine.
Monserrate was convicted of forcibly dragging Giraldo by the arm on the way to the hospital on December 19, 2008.
The senator originally faced up to seven years in prison, but was acquitted of felony charges of assault for allegedly slashing Giraldo's face with a broken glass.
"If there's one person who didn't deserve any of this attention, and to be in the middle of this media firestorm, it's Karla Giraldo," said Monserrate. "I made a commitment today in front of this court to work very hard to help bring her happiness, restore faith and to ensure that the community moves forward in a positive direction, as their representative."
Giraldo testified at length and asked for an order of protection to be lifted so that she could marry Monserrate, but Judge William Erlbaum upheld the order.
"I hope that the time will come when Karla Giraldo has the self-respect to stop acting like a slave," said Erlbaum.
Erlbaum said Monserrate needs the ordered therapy to deal with a "rage problem."
"[Monserrate] doesn't get a break. He doesn't get a handout," said Erlbaum. "He gets what any other person gets in this situation."
Both Giraldo and Monserrate, however, maintain the slashing was accidental.
"There was a conviction here. There was a conviction of one reckless misdemeanor," said Monserrate. "[...] I want to underscore again that there was a reckless, unintentional misdemeanor. I think that that decision speaks for itself."
Queens District Attorney Richard Brown told NY1 that Monserrate received a typical sentence for a first-time offender.
"It was a first-time offense, and compared to other sentences I don't know that it was that far off-line," said Brown.
The senator said he wants to appeal the misdemeanor conviction.
Republican state senators have called for Monserrate's resignation or some other sort of punishment.
A State Senate committee is currently deciding Monserrate's political future.