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Leonardo DiCaprio's Attacker Gets 2 Years in Jail

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By Laura Strachan, Esq. on December 08, 2010 8:55 AM

Two years in state prison. That was the sentence handed down to actor Leonardo DiCaprio's attacker, Aretha Wilson, following her trial earlier this week. Wilson was convicted of assault with a deadly weapon after she attacked the star at a Hollywood party with a piece of glass, an encounter that required surgery on his famous face and neck to repair the damage.

The 40-year-old Wilson was extradited from Canada back to the United States to stand trial before a Los Angeles judge. DiCaprio was not at the sentencing, according to CBS.

Wilson originally claimed that the attack on DiCaprio was a simple case of mistaken identity, thinking the actor was her ex-boyfriend. In an assault with a deadly weapon case, the mistaken identity excuse has no bearing on culpability. Assault is a charge that requires an intent to inflict harm on another coupled with an apprehension of the harm.

Applied to DiCaprio, charging at the actor with a piece of glass is a pretty text book case for the crime. The fact that the injury was inflicted with a weapon (broken beer bottle) serves to elevate the charge and explains the two-year jail sentence. Although many criminal assault cases are also coupled with a civil claim, it is unclear whether DiCaprio will sue Franklin.

In reality, Wilson's lawyer, Freddy Sayegh believes she will serve close to six months of the sentence with the additional possibility that she will be deported back to Canada following her time in prison.

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