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 intimate relationship.
2)"Intimate relationship" means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
3) A person charged with the commission of a crime, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), shall not be entitled to plead guilty or plead nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S.,unless the prosecuting attorney makes a good faith representation on the record that such attorney would not be able to establish a prima facie case that the person and the alleged victim were currently or formerly involved in an intimate relationship if the defendant were brought to trial on the original domestic violence offense and upon such a finding by the court.
The prosecuting attorney's record and the court's findings shall specify the relationship in the alleged domestic violence case which the prosecuting attorney is not able to prove beyond a reasonable doubt and the reasons therefor. No court shall accept a plea of guilty or nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., when the facts of the case indicate that the underlying factual basis includes an act of domestic violence as defined in section 18-6-800.3 (1) unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the original offense.
In the end, I suspect Sheen will end up without a permanent felony conviction. He should be able to avoid jail and get probation and court-ordered treatment. But unless his lawyers create some serious magic, he's likely to get stuck with a permanent misdemeanor conviction that has a domestic violence component, which he won't be able to seal under Colorado law.
