Giuseppe DiMichele was found guilty of sexual assault and touching for a sexual purpose a person under 16.
The victim was 15, vulnerable due to age, intoxication, and a brief employee-employer relationship.
The court considered aggravating factors including the victim's age, vulnerability, and significant emotional harm, and Mr. DiMichele's prior criminal record (non-violent) and issues with alcohol and compliance with bail conditions.
Mitigating factors were few, as he maintained innocence and showed no remorse.
The court emphasized denunciation and deterrence, imposing a sentence of 40 months' incarceration, a 10-year weapons prohibition, DNA sample, and a 20-year SOIRA order.
Credit for restrictive bail conditions was denied due to the defendant's self-inflicted breaches.
