A federal judge on Wednesday criticized the Department of Justice's sentencing request for a man who drove his car into a Brooklyn synagogue, describing the prosecution's push for a longer sentence as "disturbing" and based on a "misunderstanding" of the incident.

Brooklyn federal court Judge Eric Vitaliano stated that the case involved property damage, not a hate crime, and that the US Attorney's Office for the Eastern District of New York had succumbed to popular misconception. The judge, appointed by President George W. Bush, said the office failed to uphold its mission of acting "without fear or favor."

Dan Sohail, 36, of New Jersey, who has been diagnosed with post-traumatic stress disorder and a personality disorder, will be released from custody within the week. He had already served more than six months after his arrest on Jan. 28. His sentence of time served, plus seven days, means his release is imminent.

Sohail's vehicle crashed into the headquarters of the Chabad-Lubavitch Hasidic movement at 770 Eastern Parkway in Crown Heights five times. The incident caused approximately $19,000 in property damage, including knocking the synagogue's door off its hinges. Sohail has been ordered to pay restitution for the damages.

Federal sentencing guidelines for a first-offense property crime typically recommend around six months in prison. The DOJ had sought a 14-month sentence for Sohail, which Vitaliano argued was disproportionate and influenced by the public perception of the event as an antisemitic hate crime.

During the sentencing hearing, Vitaliano emphasized, "A property crime is what was charged here. Not a hate crime."

Sohail had previously pleaded guilty to intentionally damaging religious property. A state hate crime charge was dismissed after his federal plea.

According to court documents, Sohail had attended events inside the synagogue shortly before the incident. A social media video showed him dancing inside the building while wearing a yarmulke. After his arrest, he informed police that he had recently discovered he had Jewish roots. His public defender stated that it is impossible to reconcile his actions with his beliefs and that individuals should not be sentenced based on initial reactions.

In addition to his release and restitution, Sohail will be required to attend therapy for his mental health conditions.