A 27-year-old Gardnerville man with four prior felony convictions was sentenced Monday to five years in prison after he was accused of burning his girlfriend's tongue with a cigarette in a New Year's Eve altercation.

District Judge Michael Gibbons told Eric Smith he must serve two years before he is eligible for parole.

Smith pleaded guilty Jan. 24 to coercion, but said he couldn't remember many details because he was under the influence of alcohol and drugs.

In an agreement with the district attorney's office, the state agreed not to pursue status as an habitual offender or pursue other charges.

Lawyer Tod Young said he recognized the seriousness of the offense, and so did his client.

“This is a New Year's Eve event that was fueled by substance abuse. When Eric is sober, he's a good boyfriend, a good employee, a good citizen. This is a young man, if he could stay sober, he would stay out of the criminal justice system.”

Both Young and Smith said prison wouldn't help and asked for an extended treatment program.

Prosecutor Laurie Trotter asked for prison.

“This is a very violent event. He used force and violence on the victim. He took property from the victim. When she did take refuge, he forced his way into her apartment. He burned her with a lit cigarette. She thought she was going to die,” Trotter said.

She said Smith took the victim's eyeglasses, wallet and car keys, preventing her from leaving the apartment. Trotter said he also choked and head-butted the woman.

Trotter said Smith posed a threat to himself, the community and the victim.

“I just want to apologize,” Smith said. “I'm going to leave the girls alone for awhile and be more dependent on myself. A problem I have is trying to help other people.”

Smith said he and the 41-year-old victim “are fine.”

“She accepted my apology. I've had two visits and six letters from her. We were both intoxicated and high. It was just a bad night,” he said.

The woman did not attend Monday's sentencing.

Smith said prison wouldn't do him any good.

“There's more drugs in prison than on the street,” Smith said.

Gibbons said he didn't buy Smith's argument that substance abuse led to domestic violence.

“People that drink and use drugs don't commit acts of domestic violence unless they're already committing acts of violence. It happened because you chose to commit violent acts. This is a terrible situation. The victim was choked, suffered an eye injury, burned on the tongue,” Gibbons said.

The judge said he appreciated Smith's statement to the court, but had to consider his record. In addition to the felonies, Smith has 11 misdemeanor convictions.

“You said the right things, but your record says something else,” Gibbons said. “There is no excuse for what you did. Probation is not the answer.”

Gibbons said he had to make sure the victim and community were protected, and that Smith stay away from drugs and alcohol as long as possible.

He gave Smith 80 days credit for time served.