Actor Charlie Sheen is facing up to eight years in jail if convicted, according to a defence attorney.

The Two and a Half Man star was taken into custody on Christmas in Aspen, Colorado on suspicion of second degree assault, menacing and criminal mischief in connection with an alleged altercation with his wife Brooke Mueller.

However it is being said that Sheen will not be formally charged with any crime related to his recent arrest on suspicion of domestic violence until closer to his first court appearance next month.

Colorado Criminal Defense Attorney Lauren R. Maytin, who is not connected to the case, said Sheen could spend up to eight years behind bars, if convicted.

“There’s a whole range of options with this situation,” RadarOnline quoted Maytin as saying.

“In order for 2nd degree assault to be charged, there has to be serious bodily injury. He’s looking at 2-8 years in prison if he’s charged with the class 4 felony of 2nd degree assault and because it’s a crime of violence he’ll be required to serve at least the midpoint of that, being five years, as well as three years of mandatory parole,” Maytin added.

There’s a possibility that Sheen could face a lesser charge of menacing, but that’s still a felony.

“It’s not a crime of violence,” Maytin said.

Maytin added: “By using verbal or physical threat with a deadly weapon, or even just the threat of having a deadly weapon, he’s looking at 1-3 years of jail time with two years of mandatory parole.”

Sheen reportedly threatened Mueller with a knife, which Maytin says would justify the charge.

Although Mueller has tried to recant her version of what happened that day Maytin said, “It’s in the hands of the District Attorney now. He could be put on probation for all of this, but he still faces up to 90 days in jail for a plea to any of the charges.”

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