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  • Writer's pictureBrandon Hicks

Understanding IC 35-43-4-6: Unauthorized Control Over Property of Benefit Provider



Criminal law can be complex and confusing, especially when it comes to specific statutes and regulations. If you've ever come across IC 35-43-4-6 and wondered about its implications, you're in the right place. At B. Hicks Law, we specialize in criminal defense, and we're here to shed some light on this particular statute.


What is IC 35-43-4-6?

IC 35-43-4-6 deals with the concept of unauthorized control over the property of a benefit provider. To understand this statute, it's essential to break down its key components:

  • Benefit: This term encompasses various types of benefits, including accident, sickness, health care, or reimbursement associated with these categories.

  • Benefit Identification Card: A benefit identification card is a document that identifies an individual, their spouse, or their dependents as entitled to a particular benefit.

  • Benefit Provider: In the context of this statute, a benefit provider refers to entities like employers, insurers, or healthcare providers who have agreed to provide or have provided benefits to individuals possessing a benefit identification card.

Prima Facie Evidence:

The central aspect of IC 35-43-4-6 is the establishment of prima facie evidence. In this context, prima facie evidence refers to evidence that, on its face, demonstrates that an individual exerted unauthorized control over the property of a benefit provider. This means that if certain actions are observed, they can serve as a presumption of guilt, shifting the burden of proof onto the accused.

Under this statute, two specific actions can constitute prima facie evidence:

  1. Allowing a person who isn't entitled to a benefit to use your benefit identification card to obtain a benefit.

  2. Using your benefit identification card to obtain a benefit for a person who is not entitled to that benefit.

In either of these situations, the law assumes that the person in question exerted unauthorized control over the property of the benefit provider.


Implications and Legal Defenses:

IC 35-43-4-6 is a serious legal matter, and individuals facing charges under this statute may require legal representation to navigate the complexities of their case. There are several potential defenses that a skilled criminal defense attorney can employ, including:

  • Lack of intent or knowledge of the unauthorized use of the benefit identification card.

  • Mistaken identity or false allegations.

  • Lack of evidence to establish prima facie evidence.

Navigating a legal defense in cases related to unauthorized control over property of a benefit provider requires a deep understanding of Indiana criminal law. That's where B. Hicks Law can make a difference.


Conclusion:

Understanding IC 35-43-4-6 is essential if you or someone you know is facing charges related to unauthorized control over property of a benefit provider. At B. Hicks Law, we specialize in criminal defense and can provide the guidance and representation you need to protect your rights and interests. Don't navigate the complexities of the legal system alone. Contact us today for a consultation and let us help you with your criminal defense case.

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