A Carbon County psychologist was sentenced to a state prison term on Monday for sexually assaulting a patient.

Dr. Michael Degilio, 46, of Jim Thorpe, was sentenced to serve a total of four to eight years in a state correctional institution followed by two years of state probation. President Judge Roger N. Nanovic II imposed the prison term.Degilio was convicted by a jury on May 14 of involuntary deviate sexual intercourse, indecent assault and indecent exposure. The jury deliberated for about four and a half hours before finding him guilty following a three-day trial.Degilio, when asked by Nanovic if he had anything to say before sentence was imposed, stated he would say little as he was going to appeal the verdict. He said he wanted to "apologize for anything I did to her (the victim)."About the caseDegilio was charged by Mahoning Township police officer Jeffrey D. Frace with having a then 40-year-old woman perform a sexual act during an office visit in February 2009. The charges were filed after the woman contacted township police.The woman testified at trial that it was her second visit with Degilio after she had been released from the Blue Mountain Health System's Lehighton Campus Behavioral Health Unit.She said she was suffering from deep depression and was on medication. She said she was referred to Degilio by the hospital after the doctor she wanted to see was not available.She said she went to Degilio hoping he could help her.She said at her first visit that Degilio said he could help her.Degilio denied having any kind of sexual contact with the woman and at trial testified that the alleged second meeting, when the woman claimed the sexual act took place, never occurred.Degilio told the jury he only met with the victim for 10 minutes on Feb. 20, 2009, that he ended the interview after she had indicated she had a gun at home and thought of using it on herself.He testified he told the woman if she wanted to continue treatment she had to get rid of the gun and come to her next appointment with her husband. He said she became belligerent when he mentioned that the husband would have to come with her.He said he gave her two appointment dates, Feb. 24 and 27, because she didn't know when her husband would be able to attend because of his work.Degilio said the woman later said she would attend the Feb. 24 appointment, but he said she never showed up.The woman testified that she did show up for the Feb. 24 appointment and that was when Degilio had her perform the sexual act.She said she was seated on a couch and was forced to perform the sex act by Degilio.No prior recordOn Monday, attorney David S. Nenner of Philadelphia, representing Degilio, argued for a sentence in the lower range, noting his client's standing in the community, the many people he did help in his practice, and that his client did not have any prior criminal record.Nenner said Degilio has not been allowed to practice because of his conviction and has a hearing before a state board concerning his license to practice. That hearing is next month.Before the start of the sentencing proceeding, Nanovic conducted a hearing on a motion filed by Nenner and his associate, attorney Todd Mosser. Mosser argued the motion.Nenner and Mosser entered the case on Aug. 8, three days before the original sentencing date of Aug. 11. They replaced attorney John Waldron of Allentown, who represented Degilio from the time of his arrest through all court proceedings up to and including the trial.Filed on Friday, the motion requested, "extraordinary relief in the form of a motion for judgment of acquittal or in the alternative a motion for a new trial."Mosser argued, in part, that the evidence presented by Assistant District Attorney Cynthia Ann Dyrda Hatton did not satisfy the elements of the crimes charged.He argued the commonwealth failed to establish forcible compulsion by Degilio to make the victim perform the alleged sex act.Hatton argued that the forcible compulsion was proved in that the commonwealth did not have to prove that Degilio physically forced her to perform the act but because of her fragile emotional state, he took advantage of her in having her perform the act.Following a lengthy argument, Nanovic denied the motion. He also denied the motion for a new trial, stating it was premature. He said such a motion should be filed with any post-sentencing legal challenges.Nenner also argued for bail to continue at $100,000 unsecured.He said Degilio is not a flight risk, has shown up for every court appointment or hearing, and does not plan on going anywhere because he will appeal his conviction.He also said the argument that the elements of forcible compulsion are viable for an appeal.Hatton argued that Degilio should not be treated any different from any other person convicted of a crime. She said Degilio has shown no remorse for what occurred.Nanovic said he felt bail was appropriate but that now that a sentence has been imposed, a monetary amount should be posted.Nanovic changed the bail from $100,000 to the same amount straight cash.Nenner said his client needed time to see if he could raise the $100,000 to post bail. Nanovic remanded Degilio to the county prison but said he would be held there for two weeks to give his family time to try to raise the bail.After the two weeks, if the bail is not posted, Degilio will be transferred to a state prison.In addition to the jail term, Nanovic said under the provisions of Megan's Law, Degilio must register for life as a sexual offender, follow all registration requirements of the law, and have a sexual offenders evaluation.He must also pay restitution to the victim of $4,969.48, and if he posts bail, have no contact with the victim or any witnesses, and follow all other standard conditions of bail, supply a DNA sample, and pay court costs of about $1,000.Nanovic also said Degilio is barred from practicing during the entire length of the sentence no matter what any state board might rule.The sentences imposed by Nanovic included four to eight years on the deviate sexual intercourse count, followed by two years probation, nine to 18 months on indecent assault and two years probation on the indecent exposure charge. The latter sentences run concurrent with the first charge.While on bail Degilio has been supervised by the Lehigh County Adult Probation Office. Degilio is a former employee of the Carbon County Adult Probation office and because of that the county office recused itself from his supervision.The preparation of a presentence investigation report was prepared by the Lehigh County office.