Chris Rock has so far declined to file a police report against actor Will Smith, who came onto the stage and struck the 57-year-old funnyman while he was presenting during the 94th Academy Awards.
While legal experts aren’t counting on the comedian to make a big production out of the drama that unfolded at the Dolby Theater Sunday, there still could be lights, cameras and legal action.
“I am certain that the reason we have heard nothing today from Chris Rock is that he’s meeting with his lawyers and publicists,” Esquire Digital chief legal analyst Aron Solomon told the Daily News by email Monday. “Each have an important, different job to do.”
According to Solomon, if Rock wants to send a message that violence is not an acceptable way of striking back at a comedian, he may file a civil suit or a criminal complaint. One of those would include photos.
“If Chris Rock goes to the LAPD and says he is reconsidering and wants to file assault and battery charges, there will be mugshots,” Solomon suggests.
Solomon said that penalties for misdemeanor assault and battery charges can be a $2,000 fine and up to six months in LA County jail, but community service is about as far as a court would likely go in this case.
“We’d be looking at an apology, a fine, and maybe some anti-violence community service,” he said.
Beverly Hills entertainment attorney Mitra Ahouraian, who’s worked with showbiz personalities, said that because Rock didn’t bother to file a police report after he was struck, the LAPD stood by and watched the “King Richard” star carry his best actor trophy out of the theater, then celebrate his win at the Vanity Fair party.
“Generally speaking, if the victim refuses to press charges, prosecutors won’t bring charges either and the police won’t make the arrest,” she said.
Ahouraian calls it “unlikely” law enforcement will further investigate the case. She does note, however, that Rock could file a civil suit if he suffered physical injuries or emotional distress.
“If this incident caused him psychological distress, if it impacted his career somehow or his ability to perform, let’s say if he had anxiety around the possibility of being assaulted while on stage, then he very well could have grounds for a lawsuit,” she said.
According to Ahouraian, Rock would have to establish that Smith’s conduct was “outrageous,” which under the law means that “a reasonable person would find it uncivilized, and that he acted with reckless disregard — either knowing his actions would cause emotional distress, or not even thinking about the probable consequences of his actions.”
Ahouraian said this isn’t the first time a best actor winner could have been dragged into court over his behavior at an awards ceremony. In 2003, Adrien Brody gave presenter Halle Berry an assertive “not planned” kiss after winning an Oscar for his work on “The Piano.” It left her wondering “What the f--- is going on right now,” Berry later recalled.
Ahouraian said that in California, that’s grounds for an assault claim.
