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Defending Against Organized Retail Theft in Indiana 35-43-4-2.2

In the state of Indiana, laws related to theft and retail crime are taken very seriously. Organized retail theft is a criminal offense that involves unauthorized control over a retail merchant's property with the intent to distribute it for resale. Understanding the specific statute, IC 35-43-4-2.2, and seeking legal counsel from a reliable criminal defense law firm like B. Hicks Law is crucial if you're facing charges related to organized retail theft. In this blog post, we'll delve into the details of this statute and explore how an experienced attorney can help protect your rights and build a strong defense.

IC 35-43-4-2.2: The Basics

IC 35-43-4-2.2 outlines the laws related to organized retail theft in the state of Indiana. Here are some key points you need to know:

  1. Definition of "Retail Merchant": The statute begins by defining "retail merchant" as per IC 6-2.5-1-8.

  2. Criminal Offense: Organized retail theft occurs when a person exercises unauthorized control over the property of a retail merchant with the intent to distribute it for resale. This is classified as a Level 6 felony.

  3. Aggravating Factors: The offense is elevated to a Level 5 felony if:

  • The value of the property is at least $50,000.

  • The property stolen is a firearm.

  • The person has a prior unrelated conviction for organized retail theft, theft, or criminal conversion.

  1. Value of the Property: The value of the property is determined based on its fair market value at the time and place the offense was committed. If this value cannot be determined, it is based on the cost to replace the property within a reasonable time after the offense. Price tags or price markings on the property are considered prima facie evidence of its value.

How B. Hicks Law Can Help: Facing charges related to organized retail theft can be a daunting experience. Fortunately, B. Hicks Law is here to provide you with professional and effective legal assistance. Our experienced criminal defense attorneys understand the nuances of Indiana's criminal laws and can help build a strong defense strategy for your case. Here's how we can assist you:

  1. Case Assessment: We'll thoroughly review the details of your case, including any evidence against you, to identify potential weaknesses in the prosecution's argument.

  2. Legal Expertise: Our attorneys are well-versed in Indiana's criminal statutes and will use their expertise to navigate the legal system effectively.

  3. Defense Strategies: We'll work with you to develop a defense strategy tailored to your unique situation, ensuring the best possible outcome for your case.

  4. Negotiation and Trial: Whether it involves negotiating a plea deal or vigorously representing you in court, our team will fight for your rights and interests every step of the way.

Organized retail theft in Indiana is a serious offense with potentially severe consequences. If you find yourself facing charges under IC 35-43-4-2.2, don't navigate the legal system alone. Seek the expertise and guidance of B. Hicks Law, a trusted criminal defense law firm in Indiana. Our commitment to protecting your rights and achieving the best possible outcome for your case will provide you with the support and confidence you need during this challenging time. Contact us today to schedule a consultation and get started on building a strong defense.

Learn more about Indiana theft laws here

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