Click to CommentBY 8.04 PM EST 02.04.2010

Charlie Sheen Probably Won’t Go To Prison, A Lawyer Tells HollywoodLife.com

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Because he didn’t seriously injure Brooke during their Christmas Eve domestic dispute, Charlie Sheen will most likely avoid jail time altogether

Charlie Sheen will reportedly get charged on either Feb. 5 or 8th with felony menacing and misdemeanor charges in the wake of his Christmastime domestic assault of wife Brooke Mueller. But, if everything goes according to plan, the Two and a Half Men star will completely avoid time in the slammer, a criminal defense attorney tells HollywoodLife.com.

“The injuries Brooke got are not the type that would usually warrant someone going to state prison,” Steve Cron explains to HollywoodLife.com. “A state prison sentence rarely happens [in a case like this] where there is not an extreme injury.”

After Charlie, 44, allegedly threatened Brooke, 32, with a four-inch switch blade during a disagreement in Aspen, a judge issued a protective order prohibiting any contact between the two. However, Brooke reportedly wants the restraining order relaxed, and plans to stay with her husband of nearly two years — which will most likely work in Charlie’s favor in court.

“It certainly will help,” Cron says. “She’s not the one who makes the decision, but her input will be considered.”

Charlie might not end up behind bars, but he will most likely be punished in a slew of other ways. “He could be placed on probation; he could be ordered counseling, community service, alcohol treatment … there are all kinds of things that will probably be imposed,” Cron says.

According to Colorado state laws, a criminal charged with felony menacing can be fined anywhere from $1,000-$100,000 — an insignificant figure considering Charlie is said to make at least $800,000 per episode on his TV comedy Two and a Half Men.

Will a felony charge hurt Charlie’s chances of earning custody of his nine-month-old twin boys, Max and Bob, should he divorce his wife?

“It sure could,” Cron says. “But it’s not so much if he’s charged with a felony — it’s the facts of the case that will affect the custody. The Department of Child and Family Services will make its own independent decision.”

Charlie and Brooke are set to appear in Aspen court Feb. 8.

Read more on Brooke and Charlie:

  1. Brooke Mueller Checked Into This Luxurious Rehab!
  2. EXCLUSIVE: Brooke Mueller & Charlie Sheen’s Christmas Fight Triggered by Brooke’s Substance Abuse Relapse
  3. Charlie Sheen & Brooke Mueller: We Want Everything To Go Back To Normal!

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