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I had a situation at work were I was joking with a coworker…

I had a situation at...
I had a situation at work were I was joking with a coworker and he was joking with me about our body weight in a confined space in an inventory room while we were taking inventory, then he said "I need to write it", then I said jokingly "your will". Then he stormed out. Could he say I threatened his life with that statement or because we were joking around he really can't prove that it was intended to cause fear or a credible threat?
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Answered in 1 hour by:
1/19/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,868
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Was he referring to writing inventory notes?
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Customer reply replied 29 days ago
I said " your will" jokingly, meaning like death will
Customer reply replied 29 days ago
Because we were joking around with our weight between inventory racks, and we could pass each other because we are both big.
Normally a credible threat is based on the standards of a reasonable person. Of course that standard will be applied by the party determining what is reasonable (ie judge, jury). But normally a person must be placed in reasonable fear of imminent bodily harm so if the context is a joke and both parties are participating it would be difficult to contend that a reasonable person would take it seriously. If you provide the state I can look at the particular statute.
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Customer reply replied 29 days ago
California

Thank you;

here is the statute for harassment (generally requires ongoing behavior, versus isolated incidents)

assault is here and is basically as mentioned above

Criminal threat statute is here

They appear to require a specific threat that would put a reasonable person in fear of their safety (ie physical harm)

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Customer reply replied 29 days ago
then I would have nothing to worry about?

Based on those statutes no, but it would depend on what the other person alleges and if prosecuted what the judge/jury believed.

The prosecution has the burden to prove their case beyond a reasonable doubt so normally they will need more evidence than "he said/she said" so for example videos, witnesses, etc.

legalgems
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Customer reply replied 29 days ago
Ok,thank you
Customer reply replied 29 days ago
If he did try,he would most likely fail because he's would just be trying to get revenge for a situation that happened between me and his friend,could I counter sue if he did try and then sue him for all court cost and pain and suffering?

For penal code violations only the prosecution may decide to pursue a case.

A party cannot counter sue in a criminal proceeding.

There is a civil proceeding called malicious prosecution and that is possible if the party can prove that the other person lied in order to attempt to bring criminal charges. That may include actual economic damages, pain and suffering and punitive damages.

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Customer reply replied 29 days ago
Would I have to wait until after the case was finished to claim malicious prosecution, or could I use it as a defense?

One would wait until the case was finished to pursue it on a civil matter;

if the prosecution did pursue then the defense can use any information that shows the information is false as a defense (including motive for example) but malicious prosecution is not an actual defense to a criminal suit.

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Customer reply replied 29 days ago
Also if he did try,could I turn around and say I mean "your will" like your it's your will power to write anything down? Since all I did say was your "your will", and nothing else?
as the arbiter (judge, jury) would determine what was meant based on their interpretation. Any testimony is given under penalty of perjury as well.
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