Understanding the Criminal Justice System
According to Indiana law, you can be convicted of the crime of battery if you “knowingly or intentionally touch someone else in a rude, insolent, or angry manner.” You can also be convicted of battery if you place “any bodily fluid or waste on someone else in a rude, insolent, or angry manner.”
So what does “rude, insolent, or angry” mean in this context?
The Indiana Supreme Court has pointed out that the state’s battery statute does not have its own definition of what “rude, insolent, or angry” means. It has been noted that the three terms “have plain and ordinary meanings” that juries and judges are able to use. In one case, for example, the Court relied on dictionary definitions of “rude” (“lacking refinement or delicacy,” “inelegant, uncouth,” or “offensive in manner or action: discourteous”).
The Court in that same case also used a dictionary definition of “insolent” (“insultingly contemptuous in speech or conduct: overbearing” as well as “exhibiting boldness or effrontery: impudent”).
It is not unusual for courts to rely on the dictionary definition of many words used in statutes. While Indiana’s battery statute includes a number of definitions, in particular for the terms “public safety official” and “relative,” it does not define “rude, insolent, or angry.” In these types of cases, courts will typically rely on the plain and ordinary meaning of the words as they are understood by regular people. In other words, for the most part, “rude,” “insolent,” and “angry” are to be interpreted as most of us would interpret those words in our everyday lives.
Because the touching involved for battery must be “rude,” “insolent,” or “angry” in order to constitute a crime, the demeanor of the defendant is an important element of the crime. Horseplay or shenanigans that are meant in a spirit of fun but that lead to unwanted touching or fluid spills should not result in a battery conviction. These are factual issues that an experienced attorney can highlight if you are facing prosecution for battery.
Razumich & Associates regularly defends clients accused of all types of crimes, including battery, in courts all across Indiana. We know the laws, regulations, rules, and procedures that apply in these kinds of cases. We also know what it takes to mount a strong and effective defense.
Call us if you are being prosecuted for any type of crime. We can be reached at 317-983-5333 or by filling out our contact form. Let us schedule a free consultation to learn more about your case and to tell you how we can help.
