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Workplace Violence Case in New York



Workplace violence can create deep emotional, psychological, and professional harm for victims, especially when the aggressor is a supervisor or senior colleague.

In New York, incidents involving unwanted physical contact or sexualized behavior fall under criminal statutes such as assault, forcible touching, and sexual abuse.

For this client, the repeated Workplace Violence not only created fear and distress but also disrupted her daily work environment.

When the aggressor failed to provide a sincere apology or demonstrate accountability, the client sought legal representation to pursue criminal charges.

As a New York-based defense and victim-advocacy team, we have significant experience helping clients navigate Workplace Violence investigations, employer reporting obligations, and interactions with law enforcement.

This case demonstrates how strategic coordination, evidence-based advocacy, and familiarity with New York’s penal statutes can lead to a clear, just outcome for victims of Workplace Violence.

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1. Workplace Violence in New York – Detailed Initial Assessment


The client visited our firm after suffering Workplace Violence, including repeated sexual touching and physical assault from her direct senior colleague.

New York law treats such Workplace Violence as a serious matter, and early legal intervention helps preserve evidence and stabilize the victim’s workplace conditions.



Initial Fact Review and Client Experience


The client revealed that the Workplace Violence occurred repeatedly during team assignments and that she had consistently communicated her unwillingness.

Despite her objections, the aggressor continued inappropriate touching, and evidence showed he had a pattern of similar behavior toward other colleagues.

Compounding the issue, the aggressor was already on probation for a prior sexual-offense conviction indicating clear disregard for legal restrictions.

The client received no apology and remained required to see the aggressor in the same workplace, resulting in severe stress and thoughts of resigning.

These facts supported immediate legal action under New York Penal Law §§ 130 (sexual offenses) and 120 (assault-related conduct).



2. Workplace Violence in New York – Legal Standards and Criminal Exposure


Workplace Violence in New York may be prosecuted under multiple statutes depending on the conduct, including:

Nonconsensual physical contact (Penal Law § 130.52 – Forcible Touching), Assault(Penal Law § 120.00), or Aggravated sexual offenses depending on severity.



Applicable Criminal Penalties for Workplace Conduct


Under New York law, Workplace Violence involving unwanted sexual contact may result in:

Forcible Touching: Class A misdemeanor, up to 1 year in jail.

Assault in the Third Degree: Class A misdemeanor, up to 1 year in jail if physical injury occurs.

Sexual Abuse in the Third Degree: For intentional, nonconsensual sexual contact.

Courts may also enhance penalties for repeat offenders or individuals with prior sex-crime convictions.

In this case, the aggressor’s probation status significantly strengthened the argument for enhanced sentencing and strict judicial scrutiny.



3. Workplace Violence in New York – Building a Strong Evidentiary Record


Workplace Violence in New York – Building a Strong Evidentiary Record

 

Our legal team formed a dedicated group of attorneys experienced in Workplace Violence cases to secure the strongest result possible.

We compiled workplace documents, disciplinary records, witness statements, and probation details to demonstrate repeated misconduct.



Evidence Strategy and Litigation Arguments


To support the Workplace Violence charges, we presented:

Prior disciplinary records showing the aggressor had already been sanctioned for sexual misconduct.

Coworker statements confirming similar “joking” behavior toward multiple staff.

Documentation of no apology or acknowledgment of wrongdoing.

Proof of the client’s severe emotional distress and fear of coming to work.

These materials aligned with New York’s legal standards for proving intent and repeat-offense aggravation.



4. Workplace Violence in New York – Final Court Determination


Ultimately, the New York court accepted our arguments and determined that the Workplace Violence was deliberate, repeated, and harmful.

The court issued a conviction under the applicable Penal Law sections related to forcible touching and assault.



Sentencing Outcome and Victim Relief


The judge imposed:

1 year of incarceration for forcible touching, and 2 months of incarceration for assault.

This result underscored the seriousness of Workplace Violence in New York, especially involving repeat offenders.

Our intervention helped the client obtain justice and a safer work environment.

If you have experienced Workplace Violence in New York, timely legal support is essential.

Our firm conducts confidential strategy sessions, gathers evidence, coordinates with law enforcement, and manages each step of the criminal process.

SJKP provides a dedicated team of 3–20 attorneys depending on case complexity to protect victims’ rights and ensure accountability.

If you or someone you know requires legal assistance, contact SJKP for immediate consultation and support.


28 Nov, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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