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EXCLUSIVE: Charlie Sheen Facing Up To 8 Years In Prison

Dec. 28 2009, Published 4:26 a.m. ET

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Two And A Half Men star Charlie Sheen will likely not be formally charged with any crime relating to his recent arrest on suspicion of domestic violence until closer to his first court appearance next month, RadarOnline.com has exclusively learned.

Aspen Colorado's Chief Deputy District Attorney Arnold Mordkin, who is handling the case, tells us, "I don't plan on charging or doing anything with Mr. Sheen until close to his first court date on February 8th. Mr. Sheen is required to attend the first court hearing on February 8th."

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EXCLUSIVE: Charlie Sheen Arrested, Jailed After Fight With Wife

Sheen was arrested Christmas day in Aspen, Colorado on suspicion of second degree assault, menacing and criminal mischief in connection with an alleged altercation with his wife Brooke Mueller.

VIDEO: Cops Show Up At Charlie Sheen's Rented Home In Aspen, CO.

According to Colorado Criminal Defense Attorney, Lauren R. Maytin, who is not connected to the case, Sheen could spend up to eight years behind bars, if convicted. Said Maytin: “There’s a whole range of options with this situation.

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EXCLUSIVE: Charlie Sheen Relapse – Boozing In The Morning

“In order for 2nd degree assault to be charged, there has to be serious bodily injury. He’s looking at 2-8 years in prison if he’s charged with the class 4 felony of 2nd degree assault and because it’s a crime of violence he’ll be required to serve at least the midpoint of that, being five years, as well as three years of mandatory parole.”

EXCLUSIVE: Charlie Sheen’s Wife Claims He Choked Her

MORE ON:
Brooke Mueller

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There’s a chance that Sheen could face a lesser charge of menacing, but that’s still a felony.  “It’s not a crime of violence,” Maytin explains. “By using verbal or physical threat with a deadly weapon, or even just the threat of having a deadly weapon, he’s looking at 1-3 years of jail time with two years of mandatory parole.”  Sheen reportedly threatened Mueller with a knife, which Maytin says would justify the charge.

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Sheen was released from the Pitkin County Jail last Friday evening after posting an $8,500 bond, and although Mueller has tried to recant her version of what happened that day Maytin says, “It’s in the hands of the District Attorney now. He could be put on probation for all of this, but he still faces up to 90 days in jail for a plea to any of the charges.”

EXCLUSIVE: Charlie Sheen’s Wife Was Pressured To Recant

Sheen and Mueller wed in May, 2008. It is Sheen's third marriage. The couple has twin sons, Max & Bob, who were born this past March.

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