Slapping Chris Rock could cost Will Smith more than his Oscar:
Solomon explains that California Penal Code 240 PC deals with assault, while California Penal Code 242 PC deals with battery. “It is clear that what happened at the Oscars was an assault under the California statutory definition. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
“A battery is any willful and unlawful use of force or violence upon the person of another. When Smith actually hit Rock, whether it was a strong open-handed slap or a closed-fist punch doesn’t matter at all according to the law, and he committed an extremely well-documented battery under California law.”
An important note, adds Solomon, is that there is a remote possibility that what happened could be treated as what is referred to as a “wobbler,” an offense that wobbles between being a misdemeanor and a felony. “The prosecutor in an assault and battery case has some leeway into how they want to charge. In a case such as this, with such a public assault and battery, while it is more than likely to be charged as a misdemeanor, who knows what legal perspective a zealous prosecutor might take.
he decides that filing a civil suit is a good way to get the issue of how unacceptable violence is further into the public spotlight,” states Solomon. “Regardless of the reason for filing a claim, and even if Rock ultimately chooses not to file charges, the clock has started ticking on the two years he has to file a civil suit in response to an assault and battery that was seen in real-time around the world.
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