Will Smith would face little greater than a slap if charged

By Associated Press

LOS ANGELES: Will Smith’s slap seen world wide on the Oscars was clearly a criminal offense, authorized specialists say, however the possibilities of prosecution are slim and even when convicted he’d seemingly face little greater than a slap of his personal — on the wrist.

Smith left hundreds of thousands of witnesses surprised Sunday when he marched onto the stage of the Dolby Theatre and smacked Chris Rock within the face after the comic made a joke about his spouse, Jada Pinkett Smith, who was sitting with the actor within the entrance row.

The Los Angeles Police Department has mentioned it was conscious of the incident however was not investigating as a result of Rock declined to file a police report.

While police may technically open an investigation based mostly on the Academy Awards broadcast, they would not achieve this with out Rock’s participation, mentioned defence lawyer Alan Jackson, a former Los Angeles County prosecutor who oversaw high-profile circumstances.

“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,” Jackson mentioned. “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 metropolis lawyer’s workplace, which prosecutes misdemeanour crimes, declined to remark however mentioned it could not carry expenses and not using a police referral.

“If he’s going to be charged, I can’t speak to what the charge would be,” spokesman Rob Wilcox mentioned.

News of celebrities in bother has been a fixture in LA since Hollywood’s early days, and questions ceaselessly come up about whether or not the wealthy and highly effective obtain a special model of justice.

“The celebrity thing is coming into play, unfortunately,” mentioned former LA District Attorney Steve Cooley. “If some Joe Blow committed this act in front a police officer, would he be able to walk away from it? Probably not.”

If Smith is just not charged, it may imperil the justice system’s credibility, mentioned Jody Armour, a regulation professor on the University of Southern California.

“How can what appears to be an obvious criminal act committed in the open publicly not result in any criminal consequences?” Armour asked. “Do different standards apply to celebrities and noncelebrities? 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?”

While the well-known can use their standing to affect decision-makers, their fame can work in opposition to them if the prosecutor decides to make an instance of a criminal offense by somebody well-known.

“I would be surprised if the city attorney does not seriously consider it because it was so public,” said Alison Triessl, a criminal defence lawyer who has handled many misdemeanour battery cases. “Are they sending the wrong message if they don’t prosecute him?”

Triessl mentioned there’s no query a criminal offense was dedicated, and there’s no want for the sufferer to file a report. Charges are routinely introduced in home violence circumstances with out cooperation from the sufferer as a result of the crime is in opposition to 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.”

Defence lawyer Adam Braun mentioned it is unrealistic Smith would face expenses within the absence of great accidents and with out assist from Rock.

“Although a prosecution is not likely, the wild card here is that the evidence is overwhelming and the incident was witnessed live by millions,” Braun said. “Prosecutors could feel compelled to prosecute Will Smith, regardless of Chris Rock’s preference, to avoid creating the impression that a wealthy actor is above the law.”

If Smith had been charged, he would face a misdemeanour battery rely, which carries a penalty of as much as six months in jail. Even if prosecuted and convicted, it’s unlikely he would face incarceration and there are alternate options to going to courtroom that would result in a penalty as mild as having to attend anger administration lessons.

Cooley mentioned if he had been advising Smith, he’d have him voluntarily enroll in anger lessons after which attempt to persuade prosecutors to not carry expenses within the curiosity of justice as a result of he had acknowledged his drawback and was coping with it.

Cooley mentioned he’d need extra data on the case as a prosecutor earlier than making any selections. He mentioned LAPD was untimely in saying they weren’t getting concerned.

Stephen Downing, a retired LAPD deputy chief, mentioned a case may very well be introduced. But he mentioned it was affordable to not waste assets when Rock apparently wasn’t injured or ruffled sufficient to file a criticism.

“Rock carried on as if nothing happened to him,” Downing said. “He didn’t even put a hand to his cheek. There didn’t appear to be an injury. If he had knocked him to the floor and rendered him unconscious, I think action would have been taken.”