A New York State Senator was convicted of domestic assault related misdemeanor offenses, but was found not guilty of the more serious felony assault charges.
Video surveillance shows the Queens State Senator Hiram Monserrate dragging his girlfriend through the lobby of his apartment. This past week he was convicted of misdemeanor assault for the incident that occurred in December of last year.
Monserrate initially faced multiple charges but was acquitted of the felonies levied against him. What happened on that night last winter is questionable but what he will be punished for is the scene that was caught on camera and can be seen here.
The prosecution in the case stated an argument broke out between Monserrate and his girlfriend Karla Giraldo when he found another man’s card in her possession. According to the Associated Press, additional footage from outside of the apartment shows the Senator taking the card waving it around angrily and throwing it into the trash chute before reentering the apartment.
What happens next is anyone’s guess and he said/ she said often isn’t enough for a conviction.
A downstairs neighbor testified that she heard the two fighting for about two hours with Giraldo crying. Leaving the apartment, Monserrate is seen forcefully grabbing a bloodied Giraldo by the arm and dragging her through the lobby.
In the argument Giraldo’s face ended up cut. While she initially reported at the hospital that Monserrate attacked her and broke a glass in her face, she later said the entire incident was an accident.
The lack of felony conviction is certainly a victory for the defense as a felony would have meant an automatic removal from Monserrate’s Senate seat. The misdemeanor charge, however, does give his fellow Senators the chance to censure or expel him.
Assault charges in New York state carry pretty serious penalties and it is the job of your defense attorney to protect your rights throughout the entire process. There is no such thing as a “simple” case as each criminal case has its own unique characteristics. I understand this and treat each case differently, giving them all my focused attention.
I will keep it real with you. Together we can work hard to ensure you get the best possible results on your day in court.