Smith, who has been on indefinite leave from the 49ers since his arrest on Sept. 20 for driving under the influence of marijuana, will be charged with three counts of felony weapons possession, sources at the Santa Clara County District Attorney said.
A civil suit brought forth against Smith does not accuse him of shooting two guests at his party. But the plaintiff is holding Smith responsible because the party was at his home and the plaintiff further claims he owns illegal firearms.
"49ers organization is aware of recent developments with Aldon," the team said in a statement, and said they would "continue to monitor it closely" but made no further comment.
Smith last played in San Francisco's 27-7 loss against the Indianapolis Colts on September 22.