Brooke Mueller's assault charge is "likely to be dismissed."

The 34-year-old star - who has two-year-old twin sons Bob and Max with ex-husband Charlie Sheen - was arrested in Aspen, Colorado, last December for the alleged assault of Llana Little and possession of cocaine.

However, while she will still face a judge in several weeks under the drugs charges, the battery case looks likely to be thrown out of court due to lack of evidence.

"The assault charge will likely be dismissed because the evidence just doesn't prove that Brooke touched Llana Little. The women exchanged heated words, but Brooke is absolutely adamant that she didn't lay a finger on Llana and the district attorney is inclined at this point to recommend the charge be dismissed. This doesn't mean that Brooke is totally off the hook though. She will plead no contest to a misdemeanor cocaine possession charge and she will likely be sentenced to community service and ordered to pay a fine. She won't do any jail time though because she is considered a first time offender and this is the sentence that anyone in a similar situation would face," a source told RadarOnline.com.

It is thought Brooke's recent 90-day stint at Utah's renowned Cirque Lodge rehab facility - where she was receiving treatment for addiction to crack cocaine - will also weigh in her favour when she faces a judge.

"The judge will favourably view the fact that Brooke voluntarily enrolled in rehab for 90 days. She's serious about staying clean, she's now living with a sober living companion, and going to Alcoholics Anonymous and Narcotics Anonymous meetings. Brooke's treatment team will present a formal written report about her progress before her arraignment in April. She is hopeful that her recovery from drugs and alcohol will be sustained and lifelong. The only thing she is taking is vitamins. The main focus in Brooke's life right now is being the best mom possible to Bob and Max and staying sober," the insider said.