That, among other places, is where you’re wrong. I read an article in Forbes Magazine today entitled
Slapping Chris Rock Could Cost Will Smith More Than His Oscar which reviews the incident from a legal perspective. Here is the relevant section:
“The question that millions of people are asking this morning is whether 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.”
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.”
Solomon details the pivotal moment Smith first got up from his seat. “When Smith left his seat in response to Rock’s comment about his wife, 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 that they are about to be attacked constitutes an assault in California.”
Per Solomon, assault under California Penal Code 240 PC, known as “simple assault” is a misdemeanor and is punishable by a fine of up to $1,000 and/or up to six months in county jail. He also claims that this incident fits the California statutory definition of battery.
“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.”
Battery under California Penal Code 242 PC is a misdemeanor, punishable by a fine of up to $2,000 and/or up to six months in county jail. This punishment, says Solomon, would likely never happen to Smith.”
Yes, Virginia, there was an assault.