Sen. Monserrate faces a maximum of a year behind bars for his misdemeanor assault conviction for assaulting his girlfriend. But Brown is willing to trade most of the jail time for three years probation that includes mandatory attendance at a "batterer's program."
Under state law, a defendant sentenced to more than 60 days in jail (or four months of jail on weekends only) cannot also receive probation and/or counseling.
Monserrate is scheduled to be sentenced Friday by Judge William Erlbaum in Queens Supreme Court. It will be close to a year since he assaulted girlfriend Karla Giraldo in his apartment building, then dragging her outside.
The incident followed a fight inside the senator's apartment that left Giraldo injured. Sen. Monserrate was acquitted of more serious felony assault charges resulting from the initial dispute that prosecutors said was triggered by a jealous rage.
Giraldo testified the injuries came from an accident and says she wants to marry Monserrate.
Defense attorney Joseph Tacopina intends to ask for a conditional discharge, according to the courthouse source, meaning no jail time at all and no probation.
The DA's plan to ask for considerably less than the maximum jail sentence will be revealed in court Friday morning by Assistant District Attorney Scott Kessler, the source said.