Reports are that Rock is not going to press charges. Some times, however, it is not essential for the victim to testify in order to convict a person of assault and/or battery.
Q: We saw actor Will Smith get out of his seat, walk onto the stage, slap comedian Chris Rock, and then sit back down and make some choice remarks during the Academy Awards. If I got up in an auditorium and slapped a speaker over what that person said, wouldn’t I be arrested and charged? K.L., Lennox A: California Penal Code Section 242 defines battery as “any willful and unlawful use of force or violence upon the person of another.” This can arise even if there is no injury found. California Penal Code Section 240 addresses simple assault, which applies when someone willfully does anything that will result in applying force to another individual, such that a reasonable person would conclude the conduct will have impact on that individual. As to the Smith-Rock matter, various questions arise: Was there justification for what Smith did? Was he acting in self defense? Did he really hit Rock? Reports are that Rock is not going to press charges.
