What would Will Smith face if charged? A little more than a slap on wrist
Will Smith's slapping Chris Rock was clearly a crime but even if the actor is prosecuted and convicted, the amount of punishment would be little more than a slap on his wrist.
Hollywood actor Will Smith left millions stunned when he marched onto the stage of the Dolby Theatre during the Academy Awards and slapped Chris Rock after the comedian made a joke about his wife, Jada Pinkett Smith. The actor has, since then, apologised for his behaviour, saying he was “out of line” and that his actions are “not indicative of the man I want to be.”
Smith's slap, legal experts say, was clearly a crime but even if the actor is prosecuted and convicted, the amount of punishment would be little more than a slap on his wrist.
Rock declined to file a police complaint in the aftermath of the incident, however, the Los Angeles police department could technically open an investigation based on the Academy Awards broadcast. But the question is, will they?
“Would they ever in a practical world do that when Chris Rock is saying, ’I won’t cooperate with a criminal investigation?' Not in a million years,” Associated Press quoted defense lawyer Alan Jackson, a former Los Angeles County prosecutor who oversaw high-profile cases, as saying.
“LAPD is probably breathing a relative sigh of relief that they don’t have to get involved with two high-profile actors duking it out on a world stage.”
The Los Angeles city attorney’s office said it couldn't bring charges without a police referral.
“If he’s going to be charged, I can’t speak to what the charge would be,” spokesperson Rob Wilcox said.
Many believe that no prosecution of Smith could send a wrong signal and imperil the justice system's credibility. Jody Armour, a law professor at the University of Southern California, questioned how an obvious criminal act committed in the open can go unpunished.
"Apparently, we seem to all recognize that is the case. But what does that recognition say to us about the legitimacy and credibility of our criminal justice system?” Armour asked.
Alison Triessl, a criminal defense lawyer who has handled many misdemeanour battery cases, said that there is no question a crime was committed and there is also no need for the victim to file a report. Triessl said charges in domestic violence cases are routinely brought in without cooperation from the victim because the crime is against the state for violating its penal code.
“It sends a message that you can commit a crime and you won’t be punished," she said. "This was a very wrong message.”
What would Will Smith face if charged and convicted?
Legal experts suggest that Smith would face a misdemeanour battery count, which carries a penalty of up to six months in jail. But Smith can get away with a penalty as light as having to attend anger management classes.
Former LA District Attorney Steve Cooley said if he were advising Smith, he would have him voluntarily enrol in anger classes and then try to convince prosecutors not to bring charges in the interest of justice because he had recognized his problem and was dealing with it.
(With inputs from AP)
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