Assault, Battery, and Violence in the Workplace

Published: 2021-09-10 18:45:07
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Violence is breaking out everywhere. We are living in a clear and present danger on grounds that employers vow an environment free from harm and assure safety to all its employees. With staggering statistics, employer and employees aren't aware of the assaults, battery, and violence that commonly associated between employees and co-workers until it's too late. When violence is handled poorly within an organization, it can cost employers heavily in terms of wasted management, turnover, lawsuits, and some cases severe violence.
According to the Webster's New World Law Dictionary (2010), a demonstration of an unlawful intent by one person to inflict immediate injury on the person of another then present; an intentional attempt by a person, by force or violence, to do an injury to the person of another; an attempt to commit a battery, or any threatening gesture showing in itself or by words accompanying it an immediate intention, coupled with the present ability, to commit a battery. An act, other than the mere speaking of words, which directly or indirectly is the legal cause of putting another in apprehension of an immediate and harmful or offensive contact, rendering the actor civilly liable, if he intends thereby to inflict a harmful or offensive contact upon the other or a third person or to put the other or a third person in apprehension thereof, and the act is not consented to by the other, or otherwise privileged.
A battery is an act which, directly or indirectly, is the legal cause of a harmful contact with another's person; such act makes the actor liable to the other, if the act is done with the intention of bringing about a harmful or offensive contact or an imminent apprehension thereof to the other or a third person, and the contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and the contact is not otherwise privileged. According to National Institute of Occupational Safety and Health [NIOSH] (2010), workplace violence is simply any physical assault, threatening behavior, or verbal abuse occurring in the workplace.
Workplace is defined as any place where an employee is engaged in ordinary work for the employee's employer, any area where an employee is making a delivery for the employer, any location where an employee is providing a service under the employer's direction, and any mode transportation where employee is traveling in the course of business (2003).
The Virginia law code states that when a "simple" assault and battery occurs, the criminal will be guilty of a Class 1 misdemeanor. But when a person intentionally picks out another person because of his "race, religious conviction, color, or national origin," the penalty will be a minimum term of six (6) months and thirty (30) days in prison (Cornell University Law School. Legal Information Institute, n.d).
To know what is considered unacceptable behavior there has to be accountability when examining the different areas of assault. One form of assault is, "Assault with a Deadly or Dangerous Weapon." A deadly weapon is considered to be anything that deadly to a person's life. The court views something as simple as a sock could be used as a deadly weapon when if it is placed in a person's mouth and forces them to choke or cause other fatal wounds. When a criminal is charged with this crime, the penalty received from the court is considered to be a felony therefore leaving the criminal with a minimum sentence of a year in jail.

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