Update:

ESPN’s Adam Schefter reports that the San Francisco 49ers are not counting on OLB Aldon Smith returning this season.

Smith is currently in rehab following a drunk-driving incident and is also facing felony charges for possession of assault weapons.

The 49ers have been getting by with Ahmad Brooks and Dan Skuta since Smith left the team a few weeks ago.

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Matt Borrows reports that 49ers OLB Aldon Smith could face anywhere from no jail time to four years in county jail for the gun charges levied against him.

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Tony Kovaleski of NBC Bay Area reports that the Santa Clara County District Attorney has filed three felony charges of possession of assault weapons against 49ers OLB Aldon Smith.

Back in 2012, Smith hosted a house party where two people were shot and Smith was stabbed.

According to the lawsuit, Smith is being held responsible for the injured guests because they were shot at his home, even though Smith himself was not the shooter. The civil suit accuses Smith of firing weapons and owning illegal firearms.

The 49ers have since released a statement regarding the situation:

“We recognize the serious nature of this situation as does Aldon and will continue to monitor it closely.'”

Smith is currently on indefinite leave from the 49ers after a recent arrest on suspicion of driving under the influence and possession of marijuana. Smith has also checked himself into rehab and his return is without a definitive timetable.

Another off-the-field issue is hardly what Smith needs at this point in time. We’ll have more regarding this situation at the news is available.