Government,
Criminal
Mar. 30, 2022
Chris Rock’s slap is a battery, but prosecution is unlikely
While the elements of the battery charge have been met, there is also the practical side. The LAPD is reluctant to make an arrest and pour resources into a case where the victim is not desirous of prosecution.
Louis J. Shapiro
Email: LouisJShapiro@Gmail.com
Louis, a former Los Angeles County Public Defender, is a criminal defense attorney and State Bar-certified criminal law specialist out of Century City. He is also a legal analyst, board member of the California Innocence Project and Project For The Innocence at Loyola Law School, CACJ and LACBA'S Criminal Justice Executive Committee.
Many perceptive social media commentators are inquiring as to why wasn’t Will Smith arrested after he clearly slapped Chris Rock on national television?
California Penal Code 242 defines battery as intentionally and unlawfully touching another person in a harmful or offensive manner. The application of this law should result in Smith being arrested. Smith’s slap on Rock’s face can be argued as being harmful and/or offensive. Note that a ba...
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