An attorney representing former Santa Clara Vice Mayor Anthony Becker is asking a county judge to give the ex-official probation — not jail time — arguing that his conviction late last year has already damaged his reputation and ruined his career, according to a new court filing.

The request from deputy public defender Christopher Montoya to Judge Javier Alcala comes a day before Becker is due back in Santa Clara County Superior Court in Morgan Hill for sentencing. He was found guilty in December of violating his duty as a government official by leaking a Santa Clara County Civil Grand Jury report and perjury for lying about it under oath to a grand jury investigating the source of the leak.

The 2022 report, titled “Unsportsmanlike Conduct,” accused Becker and other members of the council of having an improper relationship with the San Francisco 49ers, which included holding closed-door meetings with team lobbyists. The report was leaked several days before it was set to be publicly released as Becker challenged Mayor Lisa Gillmor for her seat.

It took the jury only a few hours to decide that Becker was guilty of leaking the document to the 49ers and a local news outlet.

Montoya wrote in the filing that his request aligns with the recommendation made by the county’s probation department. Prosecutors, on the other hand, asked the judge earlier this year for “significant jail time,” arguing that Becker has “failed to take any responsibility for his actions.”

In the sentencing memo, Santa Clara County District Attorney Jeff Rosen and Deputy District Attorney Jason Malinsky claimed that the former vice mayor “has shown no remorse.” They cited a report where Becker told his probation officer that he feels his conviction was “about politics” and that “justice was not served.”

But Montoya argues that Becker is “already struggling under the weight of the collateral consequences of his conviction that have deprived him of his income and his career.” Following his indictment in 2023, Becker was fired from his job because of the accusations against him and has been unable to find work since then, according to Montoya.

“Additional punitive punishment of time in jail is not warranted or necessary, is disproportionate to the underlying conduct, and is a departure from efforts to achieve uniformity in sentencing and would not work to increase public safety through reducing recidivism through community-based programs and evidence- based practices,” Montoya wrote. “A jail sentence will only serve to set Mr. Becker back and, more significantly, deprive him of caring for his mother who is currently very sick and undergoing treatment for a stage 3 cancer diagnosis.”

The deputy public defender also argued that Becker has no criminal record and is not at risk for committing the same crime again as being convicted of a felony, like perjury, disqualifies you from running for most elected offices. Becker has remained out of custody since his conviction, as well.

Montoya also pushed back on prosecutors’ assertion that the former vice mayor didn’t take accountability in his resignation letter from the council. Becker, who lost his re-election bid, stepped down from his seat the day after his conviction.

“Rather than force the city to suspend his position, he accepted the verdict and resigned with a heartfelt letter after more than four years of service to the city of Santa Clara,” Montoya wrote. “Mr. Becker could have refused to resign and used his platform to make a public statement denouncing his conviction, which would be a clear sign of lack of remorse.”

The 36-page filing also included more than a dozen character witness letters authored by his mother, his husband, friends and other community members. Former Santa Clara city employee Gary Ferraris said he is “good person who made a bad decision that will likely haunt him indefinitely,” while Regina Mahan — the sister of the late Patricia Mahan, the former Santa Clara mayor who died in 2023 — called him “one of the kindest people I have ever known.”

Montoya wrote in the court filing that letters of support were also written by politicians, former politicians and city councilmembers, though he didn’t specify if they were by member of the Santa Clara City Council. None of the aforementioned letters were included in the court filing or were publicly available.

Becker’s sentencing will take place on April 4 at 9 a.m.