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  • Writer's pictureBrandon Hicks

Defending Against Railroad Mischief Charges in Indiana 35-43-1-2.3


When you find yourself facing legal troubles related to railroad mischief in Indiana, it's essential to have the right legal representation by your side. B. Hicks Law is here to help you navigate the complexities of Indiana Code 35-43-1-2.3, which deals with the crime of railroad mischief. In this blog post, we'll discuss what this statute entails and how our experienced criminal defense attorneys can assist you.


Understanding IC 35-43-1-2.3: Railroad Mischief

Indiana Code 35-43-1-2.3 defines the offense of railroad mischief, outlining the actions that constitute this crime and the potential consequences for those convicted. This statute states that a person can be charged with railroad mischief if they, without the consent of the property owner, recklessly, knowingly, or intentionally:

  1. Damage or deface a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way.

  2. Damage or deface any part of a railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company.

  3. Damage or deface any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company.

Levels of Felony Charges

The severity of the charges under this statute depends on the circumstances surrounding the offense:

  • Level 6 Felony: Railroad mischief is considered a Level 6 felony by default.

  • Level 5 Felony: It is elevated to a Level 5 felony if the offense results in serious bodily injury to another person.

  • Level 2 Felony: In the most serious cases where the offense leads to the death of another person, it becomes a Level 2 felony.

How B. Hicks Law Can Help

If you're facing charges related to railroad mischief, you need a dedicated and experienced legal team on your side. B. Hicks Law has a proven track record of successfully defending clients against criminal charges in Indiana. Here's how our firm can assist you:

  1. Legal Expertise: Our attorneys are well-versed in Indiana's criminal laws and can provide expert guidance tailored to your specific case.

  2. Investigation: We will thoroughly investigate the circumstances surrounding your case, examining the evidence and interviewing witnesses to build a robust defense.

  3. Negotiation Skills: We are skilled negotiators and can explore opportunities for plea bargains or reduced charges, when appropriate.

  4. Litigation: If your case goes to trial, we will vigorously represent your interests in court, utilizing our extensive courtroom experience.

  5. Compassion and Support: Throughout the legal process, we offer compassionate support to you and your loved ones, understanding the stress and anxiety that legal issues can cause.


Facing charges under Indiana Code 35-43-1-2.3 can be a daunting experience, but with B. Hicks Law on your side, you can have confidence in a strong defense. Our criminal defense attorneys have the knowledge and experience necessary to protect your rights and pursue the best possible outcome for your case.

If you or someone you know is dealing with a railroad mischief case, don't hesitate to contact B. Hicks Law today for a confidential consultation. We are committed to providing the best legal representation in Indiana to help you achieve a favorable resolution to your legal challenges.

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