Individuals can face assault anywhere that they go. This includes the workplace, which raises the question: what constitutes assault in the workplace? Assault in the workplace occurs if:
- Someone attempts to touch another person
- In a way that is harmful or offensive
- While both parties are at a place of business
Assault is considered a violent crime here in California. Convictions for assault can result in fines and incarceration.
Basic Information About Assault in Los Angeles
Many people are unsure about the definition of assault here in California. Assault involves attempting to touch someone in an offensive or harmful way. This means that you do not have to physically touch or hurt someone to face assault charges.
According to Penal Code §240, simply attempting to unlawfully touch another person in a harmful way can lead to an assault conviction. Additionally, assault does not refer to the act of battery. Battery involves touching someone in a harmful or offensive way.
Both assault and battery are classified as violent crimes in the state of California. You can learn more about these charges with a violent crimes lawyer in Los Angeles.
Workplace Violence and Assault in California
Any act of assault that occurs at someone’s place of employment can be considered workplace assault. Both parties do not have to be employed at the business for it to qualify as a kind of workplace violence.
Note that workplace violence does not merely include assault. It also includes:
- Physical violence
- Threatening disruptive behavior
Workplace violence can involve other employees or customers. Any altercation that takes place in a place where one person works can qualify as workplace violence.
Results of Workplace Assault Charges in California
California uses a number of different charges to handle assault allegations. Many basic assault charges are prosecuted under PC §240. This charge is treated as a misdemeanor level offense.
Convictions for basic assault can result in jail time of up to six months and/or fines of up to $1,000. However, basic assault is only one example of a violent crime charge in Los Angeles. In some cases, the court uses more serious charges for acts like an assault with a violent weapon or an assault with caustic chemicals.
These charges are closely related to basic assault, but certain factors make them more severe. These charges are usually prosecuted as “wobblers.” Individuals face either misdemeanor or felony charges for wobblers here in Los Angeles.
Felony charges are far more serious than misdemeanor allegations. For example, a felony conviction can result in up to three years of prison time and higher fines. Additionally, individuals are not allowed to buy or own a firearm after they are convicted of a felony.
Ways the Court Handles Workplace Assault Allegations
In many ways, workplace assault charges are handled like any other assault allegation in Los Angeles. The prosecution will work to show that someone else acted unlawfully while attempting to touch someone else in a harmful or offensive manner.
Workplace assault charges do not have to be handled by the business. Instead, these allegations can go to court for resolution. A criminal conviction can easily result from workplace assault charges.
Defenses for Los Angeles Workplace Assault Charges
You don’t have to just accept charges for assault in the workplace in Los Angeles. You can build a defense if you are accused of this violent crime. Just reach out to a criminal defense lawyer in Los Angeles right away.
A lawyer can work to show that:
- You were acting to protect yourself or someone else.
- You accidentally caused harm to another person.
- You were falsely accused of assault.
Members of our team will take your side after a workplace assault allegation. We’ll work to resolve your charges outside of court, by getting your charges dismissed or reduced. We can also represent you in front of a judge and jury in California.
Handle Assault in the Workplace Charges in California
The Simmrin Law Group is here to help you find out what constitutes assault in the workplace in California. We’re also prepared to defend you against these charges. Find out more by calling us right now at
Our assault lawyers in Los Angeles are here for you. Start getting the legal help you want today with a free consultation.