Emile Hirsch was back in a Utah courtroom on Monday in relation to his assault case stemming from a Sundance Film Festival incident earlier this year.

He’s been accused of putting a female studio executive in a chokehold and was charged with felony aggravated assault.

His attorney has said the actor blacked out that night and doesn’t remember the incident. He checked into rehab in February, which his lawyers are hoping the judge takes into consideration when it comes to a plea deal.

The Hollywood Reporter reports Hirsch appeared before State Judge Paige Petersen as attorneys on both sides work out the details of plea deal negotiations. Hirsch faces a maximum punishment of up to five years behind bars and a $5,000 fine.

A preliminary hearing is set for Aug. 17, where prosecutors will outline their evidence against him. Judge Petersen said if they’re ready before that date, they can request an earlier court date.

image via INFphoto.com