DENVER (CBS4) – A man who attacked a woman in what the victim claims was a racially-motivated assault learned his sentence Monday afternoon.

Christopher Derby pleaded guilty to a bias-motivated crime resulting in bodily injury in May. As part of his plea deal one of the charges — third-degree assault — was dropped.

Derby was sentenced to 4 years in the Department of Corrections and 2 years of mandatory probation. He also needs to pay $1,200 in restitution.

Derby has already served 59 days of the sentence. He claims he was drunk at the time of the attack. The judge said such crimes won’t be tolerated. The Denver District Attorney’s Office says intoxication should not be an excuse.

Daniel Cohen is the deputy district attorney and says he was worried that Derby would use alcohol for an excuse for his behavior.

“It seems to me after his first felony of menacing, he got probation and it didn’t work. After his second felony of vehicular assault, he got probation and it didn’t work,” Cohen said.

Cohen says there should not be a third change. The judge agreed by giving Derby 4 years in the DOC.

Jacqueline Fitzpatrick, 23, was attacked on South Broadway early in the morning on July 25, 2015 while she and her friends waited for an Uber ride. That’s when two Caucasian men, including Derby, approached them.

Derby has an extensive criminal history that includes several arrests for domestic assault. Fitzpatrick was injured and had to receive stitches.

Derby was taken into custody after his sentencing. His family was present for the sentencing but did not talk to the media.

Fitzpatrick wasn’t present for Derby’s sentencing.