home

Charlie Sheen Charged, Court Modifies Protective Order

Charlie Sheen and his wife Brooke Mueller appeared in court in Aspen today. Sheen was advised of his rights on a complaint (pdf) charging felony menacing and two misdemeanors, third degree assault and criminal mischief. All three counts contain a domestic violence component. The criminal mischief count pertains to Sheen's alleged breaking of two of Mueller's pairs of eyeglasses, valued together at between $500 and $1000.00.

The Judge modified the mandatory protective order so the couple can be together. Sheen is taking anger management classes, and the next court date will be the arraignment on March 15, when Sheen will have to plead guilty or not guilty. [More...]

Colorado law is very strict on domestic violence crimes. While a deferred judgment is allowed, a deferred prosecution is not.

No person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act ofdomestic violence, as defined in section 18-6-800.3 (1), shall be eligible for home detention in the home of the victim pursuant tosection 18-1.3-105 or 18-1.3-106 or for deferred prosecution pursuant to section 18-1.3-101. Nothing in this subsection (4) is intended to prohibit a court from ordering a deferred sentence for a person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domesticviolence, as defined in section 18-6-800.3 (1).

And the DA is not allowed to bargain away the domestic violence component unless he makes a representation to the court that he cannot prove the accused and the victim were in an intimate relationship.

C.R.S. 18-6-801

1) "Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment,intimidation, or revenge directed against a person with whom the actor is or has been involved in an in