Chris Brown won’t be going to jail. A judge has rejected a prosecutor’s motion to have the R&B superstar put behind bars.

Brown appeared in an L.A. courtroom on Monday with his girlfriend Karrueche Tran and attorney Mark Geragos. After reviewing evidence in
his D.C. misdemeanor assault case, the D.A. believes Brown is guilty as charged and should be jailed immediately.

Prosecutors claimed “Brown’s violent behavior continues to increase in severity and frequency” and he poses “an increasing danger to society.”

However, L.A. Superior Court Judge James Brandlin did not agree and said that Brown would be better off completing his 90-day rehab for anger management than being put in jail.

Brown remains on probation over his 2009 attack on Rihanna. Brandlin revoked the 24-year-old singer’s probation in December, but made no changes to his sentence during the brief hearing.

He is due back in court on February 28.