December 31, 2009 By Wallin & Klarich

On December 29, 2009, CNN reported that Charlie Sheen’s Wife, Brooke Mueller, has accused Mr. Sheen of threatening to have her killed. CNN reports that Mueller alleges Sheen said, “I have ex-police I can hire who know how to get the job done, and they won’t leave any trace,” as he held her down with a knife.

Sheen was arrested on Christmas Day and is being charged with assault, menacing with a deadly weapon and criminal mischief. He posted $8,500 bond and was released.

To be convicted of assault under California Penal Code section 240, the prosecuting agency must prove (1) that you “willfully” acted in a way that would likely result in physical contact with another, (2) that you were aware that your “act” would likely result in that physical contact, and (3) that when you “willfully acted” you had the ability to follow through with the act that would cause that contact. It is important to note that “physical contact” means any touch, no matter how slight, if the touch is done in an angry, harmful or even offensive manner.

Because Sheen admitted to being upset by statements his wife made about divorcing him and further admitted that both he and his wife slapped each other on the arms, it will be difficult for his defense team to prove that Sheen did not intend to assault his wife under California Penal Code section 240. However, if this was Sheen’s first offense and the defense can show that he is not likely to reoffend, under California law, the judge could choose to impose probation at a sentencing hearing and not send the defendant to prison at all. Because what you say and your prior criminal history is so important to your sentencing possibilities on a current criminal case, it is imperative that you hire an experienced criminal defense attorney to fight for you.

While Sheen’s case will be determined by Colorado law, the attorneys at Wallin & Klarich in Southern California will be paying close attention to its outcome. It is essential to speak with a knowledgeable criminal defense attorney when faced with assault allegations. An attorney will ensure your constitutional rights are protected. If you or someone you love is being investigated or facing criminal charges in California, contact the experienced Southern California criminal defense lawyers at Wallin & Klarich today at 1-888-280-6839 or for a consultation of your case. We can help you.

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