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December 29, 2009

Is repeat offender Charlie Sheen potentially facing a long prison sentence?

This article from the Los Angeles Times, which is headlined "Charlie Sheen's 1996 domestic violence incident in L.A. could become factor in new case," should prompt fans of "Two and a Half Men" to worry about the fate of the show's star.  Here are the details: 

Charlie Sheen’s previous domestic violence case more than a decade ago in Los Angeles could become a factor if Colorado prosecutors file charges against the actor over an alleged assault in Aspen last week.

Katie Buckland, executive director of the Women’s Law Center who has handled domestic violence cases for the L.A. city attorney’s office in the past, said the earlier instance of domestic abuse could be critical during both a trial and a sentencing if Sheen is convicted. “A second offense is always treated more seriously,” she said....

Sheen was arrested Christmas Day on suspicion of second-degree assault, menacing and criminal mischief and released on $8,500 bond, according to Aspen police. In a 911 recording released Monday, a tearful woman who identified herself as Sheen’s wife said her husband had threatened her with a switchblade-type knife. She feared she was “going to die,” the woman said.

Sheen, who stars in the CBS comedy “Two and a Half Men,” pleaded no contest to a misdemeanor charge of battery with serious bodily injury for a 1996 incident involving his then-girlfriend, Brittany Ashland.

He was accused of knocking her to the floor, leaving her bloodied and briefly unconscious. He was sentenced to two years' probation with a suspended one-year jail term and 300 hours of community service. At his sentencing, he told a judge: “I feel this is very fair, and I’m grateful.... You will not see me back in this courtroom.”

Thanks to the folks at TMZ, everyone can read this affidavit supporting Sheen's arrest.  Of course, charges have to be formally filled against Carlos Irwin Estvez (aka Charlie Sheen) before sentencing particulars become central to Sheen's case.  But I would like to hear in the comments from anyone familiar with Colorado sentencing concerning just how long a prison sentence Sheen could be potentially facing if the worst allegations against him are true.

December 29, 2009 at 12:38 PM | Permalink

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Comments

But you forget the most crucial fact of the case: that Charlie Sheen is rich and famous. That is an unwritten 8-point reduction in the offense level in the Sentencing Guidelines, and a 12-point reduction in comparable state guidelines, but it may be more.

Additionally, a comment to the unwritten reduction suggests that to explain the unwritten point reduction to the public, a prosecutor should issue a public statement relying heavily upon prosecutorial discretion and the needs for justice.

Posted by: Res ipsa | Dec 30, 2009 8:47:03 AM

It is really strange how this guy can keep behaving in such an irresponsible manner. It's time for this guy to grow up and be held accountable.

Posted by: TDG Paper Rolls | Dec 30, 2009 9:59:38 AM

The published reports I have read indicate that under Colorado law, the "menacing" charge would be the most serious of the group, even more serious than "second degree assault". A menacing charge could yield a prison sentence of 2 to 8 years. Keep in mind that Sheen was only arrested on "suspicion of" grounds and has not formally been charged yet. Prosecutors may not make a charging decision until shortly before his scheduled February 2010 Court date. There is a serious possibility that Sheen will never even be charged. Rather, his wife wil use this event as leverage in her divorce case, to get custody of their 9 month old twin sons.

Posted by: Jim Gormley | Dec 30, 2009 11:02:42 AM

Why are we calling this guy "Charlie" when his first name is "Carlos" and "Sheen" when his last name is "Estvez"? Once they get his name right they might be able to charge him and then sentence him.

The first offense was 1996. He said that they would not see him in that court again and they have not. Of course last time his name might have been Charlie Sheen. If he is two and a half men then what is the name of the other half? We have accounted for the first two names.

How do we know that he beat or threatened the present wife Mrs. Estvez? He word against his. She already lied by saying she was "Sheen's" wife. And what is a switch blade "type" knife? Is it one that comes open easily but not at the push of a button? Switch blade knives are illegal in some jurisdictions, so how does Colorado weigh in on that offense? Carlos has some "splanin" to do. Sorry to make light of this but why is this news?

Posted by: mpb | Dec 30, 2009 8:51:50 PM

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