A Cayuga County jury convicted an Auburn man this week on an assault charge, but acquitted him on several other counts.

The jury on Thursday found Michael Milczakowskyj, 50, of 13 Canoga St., Auburn, guilty of second-degree felony assault and second-degree harassment for an attack that left his girlfriend with a serious rib fracture.

He faces a maximum seven-year prison sentence. Cayuga County District Attorney Jon Budelmann said he will seek the maximum penalty. If imposed, that would keep Milczakowskyj behind bars for at least six years, with an additional mandatory five years of post-release supervision.

Milczakowskyj was remanded to the county jail after the guilty verdict. Sentencing is scheduled for June 3.

Milczakowskyj had faced five felonies. He was acquitted of four: first-degree reckless endangerment; third-degree criminal possession of a weapon; first-degree unlawful imprisonment; and second-degree assault.

“It was a hard working, intelligent jury,” said Dennis Sedor, the defendant's attorney. “They took the case very seriously and showed a lot of courage to acquit on four charges.”

“It was a tough case,” Sedor said. “I'm disappointed for his family, but he was lucky.”

Sedor said that the defendant intends to ask that the verdict be set aside. After sentencing, his attorney will have 30 days to file a notice of appeal after reviewing the trial transcript.

Budelmann said that after sentencing the defendant would be sent to Elmira Correctional Facility and then probably to a medium security correctional facility, although his having committed a violent felony could warrant confinement in a maximum security facility. He would not serve his time in Auburn, Budelmann said.

The victim, from Missouri, and Milczakowskyj had met in Missouri, where Milczakowskyj had moved after being released from prison for a Cayuga County felony DWI conviction. She and another witness traveled from Missouri to testify in this case.

Additional witnesses, including police officers and a domestic violence expert, were called by the prosecution.

A former Auburn firefighter, Milczakowskyj was convicted in 1999 of endangering the welfare of a child, and in 2000 of second-degree harassment. Both convictions stemmed from incidences involving his former wife, with one occurring in the presence of his then 6-year-old child.

Milczakowskyj has also been convicted twice of DWI, the second of which was a felony.

Budelmann said that Milczakowskyj had broken the victim's ribs on two occasions, but she was shaken so much during the trial that she testified to one incident without including the other.

“She gained nothing from traveling 1,000 miles to testify,” Budelmann said. “She had gotten away. She was afraid that the next woman wouldn't get away, and she was thrilled that he was going to be put away.”

Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net