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After Will Smith assaulted Chris Rock , the viewers experienced a moment of confusion. During the 94th annual Academy Awards on Sunday, March 27, the comedian made a joke about Jada-Pinkett Smith’s look that made the award-winning actor react violently —although, at first, he seemed to find it funny.
Now that the world has seen the infamous moment when Will gets up from his seat, heads to the stage, and slaps Chris, fans of the involved parties are taking to social media to show support.
While many people applaud Smith’s action for defending his wife, Rock’s fans are flooding his Instagram with comments asking how he is feeling, praising him for keeping it cool, and questioning why he refused to press charges against Will.
“Pissed off for you!! You kept it together. True Professional,” a fan wrote on Rock’s latest Instagram post. “Way to keep your cool and show class, Chris Rock! #Breathe,” another person said. While a third chimed in, saying, “Thanks for going high & maintaining composure. Props to you. Assault is assault. Had that joke come out of Wanda’s mouth, with the same result, security would have had Will escorted out. Shameful the Oscars didn’t extend you that same courtesy.”
But did security react backstage?
After the incident, the LAPD released a statement revealing that Rock declined to file a police report against Will Smith. “LAPD investigative entities are aware of an incident between two individuals during the Academy Awards program,” the department told CNN. “The incident involved one individual slapping another. The individual involved has declined to file a police report. If the involved party desires a police report at a later date, LAPD will be available to complete an investigative report.”
What would happen if Chris Rock changed his mind?
According to Aron Solomon, chief legal analyst for Esquire Digital, “The question that millions of people are asking this morning is whether Will Smith’s actions legally constituted assault and battery. While the Oscars are broadcast to a massive audience around the world, they are held in California, where assault and battery are, by statute, two different crimes. It is clear that what happened at the Oscars was an assault under the California statutory definition.”
In a conversation with HOLA! USA, Solomon revealed if about the potential penalties involved, why he wasn’t Will Smith immediately arrested by the LAPD, and if the Academy has the right to rescind Smith’s Oscar win.
“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,’” Solomon says.
“When Will Smith left his seat in response to Chris Rock’s comment about Jada Pinkett-Smith, walked up to the stage, and approached him, he had the ability to commit a violent injury. This in itself is an assault. Legally, the assault is not predicated upon a successful commission of another act, such as striking the other person. Simply a threatening act or statement that causes another person to believe they are about to be attacked constitutes an assault in California,” the expert revealed.”
According to Solomon, Smith could go to jail. “Assault under California Penal Code 240 PC, known as ‘simple assault,’ is a misdemeanor, punishable by a fine of up to $1,000 and/or up to six months in county jail.”
“An event of this stature has significant police presence. There is no good reason for someone who walks on stage from the audience at the Oscars and commits assault and battery not to be arrested,” he says, referring to why the LAPD didn’t immediately wasn’t arrested.
If you are also wondering if the Academy has the right to rescind Smith’s Oscar win, Solomon has an answer “Probably not, but it depends,” he clarifies. “The Oscars must have terms and conditions for receiving an award, one would imagine. I don’t think these are public. There is a history of very bad people being allowed to keep multiple awards after their bad acts. I would be surprised if The Academy even tried to do anything here to Will Smith. What they could have done was perhaps delayed his best actor award pending some kind of investigation, but this doesn’t really fit what The Academy does.”