New York, NY —

Queens State Sen. Hiram Monserrate has been sentenced to three years probation for his misdemeanor assault conviction in a domestic violence case.

Monserrate will also have to complete 250 hours of community service and a year of domestic abuse counseling.

In delivering the sentence, State Supreme Court Justice William Erlbaum said the senator was getting what any other person would in this situation. The judge also continued an order of protection for Monserrate's girlfriend. Both she and Monserrate have asked that it be lifted.

Monserrate was convicted in October of third-degree assault for dragging his girlfriend, Karla Giraldo, through the lobby of his apartment building in December 2008. Security video footage from the building captured the scene.

The prosecutor in the case, Assistant District Attorney Scott Kessler, had asked the court for a 60-day sentence along with the three years probation and a fine of $1,000.

Both Monserrate and Giraldo said the incident was an accident. Hospital personnel who treated Giraldo said that she initially told them that Monserrate had attacked her.

Monserrate was acquitted of more serious felony assault charges that would have automatically cost him his seat in the State Senate.

A senate ethics committee is currently considering whether to censure or expel Monserrate, who has said he will not resign.