I will put money on it right now that he will get charged and based on this smith will obviously contest. He won't get off, however I do think he will only get one week.
The fact is, as bad as it was it was made worse by the people coming in over the top. The technical aspect of a grapple is to have a man in a headlock so that the whole arm is actually wrapping around the guys neck and essentially choking him. Smith on the other hand only had his hand under the guys neck and never at any stage had him in a "choker" hold. There was no "ripping" action however as the other player came in over the top Smith went with them and ultimately it did not look good.
Now I am not denying that we do not grapple, but the fact is hands around the neck and head area are a part of everyone's game and ill bet you that 85 percent of the time people do not even realise they are doing it, it is a contact sport and when one man is on the floor and the other is standing in defence as is the case here, it is pretty difficult to have your hands anywhere below the neck.
I am not condoning this so don't blast my comments. Most of the responses in this thread have been pretty immature and everyone needs to get a little bit of perspective and just calm down.