Actor Charlie Sheen will serve 30 days in jail as a result of a plea agreement reached in his domestic assault case. It was alleged that Sheen pinned his wife Brooke Mueller to the bed and held a knife to her throat. Sheen was charged with felony menacing, third degree assault and criminal mischief. With good behavior, Sheen may only have to serve 15 days of his sentence.
In Massachusetts, a defendant is not eligible for parole unless the jail sentence is 60 days or greater. Under the plea agreement, Sheen will not be on probation as is typically the case in domestic assault case. In Massachusetts, often as a condition of probation on a domestic assault a defendant would have to complete either the batters program or the anger management program. If a defendant does not successfully complete the terms of probation, in a Massachusetts criminal case the judge can bring the case back to court for a probation violation hearing, also known as a probation surrender. At that time, the court readdresses the defendant's sentence and can sentence a defendant up to the statutory maximum upon finding of a probation violation.
For some individuals, straight jail time is preferred over restrictive probationary conditions. In Sheen's case, it appears that he elected for a straight jail sentence to avoid having the matter linger and potentially interfere with his role on the CBS comedy Two and Half Men.
As a Massachusetts criminal defense lawyer, I have defended numerous clients charged with domestic assault and battery. If you are charged with a domestic assault, you can call me to discuss your case. I will explain to you the process, what steps to take to defend the case and help you resolve your case. You can call me at 508-455-4755 for a free consultation or send an email.
