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I am wondering if there is a law governing oral threats of…

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I am wondering if...

I am wondering if there is a law governing oral threats of bodily harm in Virginia.

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I don't believe so.

Submitted: 10 months ago.Category: Criminal Law
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Answered in 5 minutes by:
9/29/2017
Criminal Lawyer: RobertJDFL, Lawyer replied 10 months ago
RobertJDFL
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Criminal Lawyer: RobertJDFL, Lawyer replied 10 months ago

Good evening,

Yes there is. That would be considered criminal assault in Virginia. Assault is a threat, with the intent to carry out a battery that puts the victim in reasonable fear of immediate harm. A victim must fear that that harm is imminent, as opposed to later. Assault is a misdemeanor in Virginia, punishable by up to 12 months in jail and/or up to a $2,500 fine.

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Criminal Lawyer: RobertJDFL, Lawyer replied 10 months ago

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating as experts are only compensated for our time and efforts once you do so. Thank you.

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Customer reply replied 10 months ago
In the event my employer was seen striking her locker and explained she became enraged because she had to "repeat herself" in putting her locker combination in multiple times and later during a meeting recounted this event in a particular context would I have recourse? That context would be asking for clarification of a scenario we had previously discussed and in turn she recounted this event; asked why she had attacked her locker ("because you were repeating yourself") and asked me about what I was making her do now ("repeat yourself"). Would this be actionable in any way?
Criminal Lawyer: RobertJDFL, Lawyer replied 10 months ago

Thank you for your reply.

Well, as mentioned, assault is a criminal offense. If the employer's actions put you in reasonable fear of immediate harm that they were going to strike you, you could file a police report. It would be up to a prosecutor to decide though whether a crime actually occurred, since only the prosecutor's office can file charges. I wasn't there to witness this, but my reading of this gives me the impression that the employer could argue that they never had any intention of harming you, that they merely struck their locker out of frustration but it wasn't intended to scare you or threaten you.

Of course you can also report the matter (if you haven't already) to your employer (to Human Resources and/or a manager/supervisor). The employer isn't obligated to take action, however. There's no law I can point you to that says they have to. Nothing actually happened to you from this incident based on the facts as far as I can tell, but that doesn't mean you weren't scared by the incident or that you cannot request that you not work with this particular person anymore or that disciplinary action be taken against them.

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Criminal Lawyer: RobertJDFL, Lawyer replied 10 months ago

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating as experts are only compensated for our time and efforts once you do so. Thank you.

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