October 30, 2011; San Francisco, CA, USA; San Francisco 49ers outside linebacker Ahmad Brooks (55) jogs to the sidelines during the first quarter against the Cleveland Browns at Candlestick Park. The 49ers defeated the Browns 20-10. Mandatory Credit: Kyle Terada-USA TODAY Sports

Poll of the Day: Should San Francisco 49ers' Ahmad Brooks Be Charged With Assault?

San Francisco 49ers linebacker Ahmad Brooks has created a bit of trouble for himself.

The San Jose Mercury News reports that Brooks could be charged with assaulting teammate Lamar Divens after Brooks allegedly struck Divens “three times in the head with a beer bottle and then punched him in the face during an argument over car keys outside Brooks’ house in San Jose. The alleged attack left Divens bloodied and requiring three stitches.”

The incident happened in the wee hours of July 8 after a night of drinking by Brooks, Divens, and other members of the 49ers.

Here’s a breakdown of what exactly happened:

The unidentified witness said Brooks was too intoxicated to drive home, so Divens drove. When they got to Brooks’ house about 2 a.m. on June 8, Brooks asked for his keys. Divens pretended to chuck them onto the grass and then started to hand them to him.

Brooks then allegedly clocked Divens in the head with a beer bottle. Brooks allegedly began cursing and then struck him in the head again. Brooks allegedly asked Divens, “Do I need to get my (expletive deleted) gun?” and struck him again. Prosecutors also allege in the warrant that Brooks punched Divens.

A judge signed the arrest warrant last Thursday, but the DA’s office asked the court to hold it. If the warrant had gone through, Brooks would have been charged with felony assault, which carries a maximum sentence of four years in prison.

For now, the DA’s office is still considering pressing charges. At this point, however, it is more likely that even if they do bring forth the charges, they will downgrade it to a misdemeanor instead of a felony.

So what do you think? Should Brooks be let off the hook, possibly just because he’s in the NFL? Or should he be taught a lesson?

Should San Francisco 49ers' Ahmad Brooks Be Charged With Assault?

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