Monserrate Convicted of Misdemeanor Assault

Thursday, October 15, 2009

Queens State Senator Hiram Monserrate was convicted of misdemeanor assault for causing injury to his girlfriend by dragging her through the lobby of his apartment building on Thursday. He avoided a conviction on felony assault charges that would have automatically stripped him of his Senate seat. He was also found not guilty on a misdemeanor charge of intending to cause physical injury.

Justice William M. Erlbaum who tried the case found Monserrate guilty of a third-degree misdemeanor assault charge for recklessly causing physical injury. Video footage from Monserrate's apartment building showed him forcibly dragging his girlfriend, Karla Giraldo, through the lobby. Monserrate now faces up to a year in prison for the misdemeanor conviction. As for his political future, Senate Democrats say they are weighing further disciplinary action.

Prosecutors faced an uphill battle convincing the judge on all counts when the victim, Karla Giraldo, insisted the incident was an accident. Medical personnel who treated her at the hospital claimed that she initially said that Monserrate had attacked her.

Monserrate could have been sentenced to up to seven years in prison on each felony charge if he had been convicted. He also would have been automatically removed from his seat in the New York State Senate. His conviction would have once again thrown the chamber, which is split 32-30 between Democrats and Republicans, into disarray.

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