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  • Writer's pictureBrandon Hicks

Understanding Indiana Overpass Mischief Laws 35-42-2-5: B. Hicks Law

When you find yourself facing criminal charges, it's crucial to have a knowledgeable and experienced legal team by your side. In Indiana, the legal system can be complex and daunting, particularly when you're charged with a crime like "Overpass Mischief" under IC 35-42-2-5. This is where B. Hicks Law comes into play – our dedicated criminal defense attorneys are here to provide you with the guidance and representation you need to navigate through these challenging times. What is Overpass Mischief? Overpass Mischief, as defined in Indiana Code IC 35-42-2-5, refers to a specific criminal act related to overpasses. To give you a clear understanding, let's break down the elements of this offense: Element 1: Definition of "Overpass" In this context, an "overpass" refers to a bridge or any other structure designed for the purpose of carrying vehicular or pedestrian traffic over a roadway, railroad track, or waterway. These structures are an integral part of our transportation infrastructure, and damaging them is a serious offense. Element 2: Prohibited Actions A person can be charged with Overpass Mischief if they knowingly, intentionally, or recklessly engage in one of the following actions:

  1. Dropping, causing to drop, or throwing an object from an overpass: This includes any object, whether large or small, that can potentially cause harm to individuals or property below.

  2. Placing an object on an overpass with the intent that it falls off: This action involves intentionally positioning an object on an overpass in such a way that it is likely to fall and potentially cause harm to others.

Element 3: Consequences If these actions result in bodily injury to another person, the offender can be charged with Overpass Mischief, which is classified as a Level 5 felony. However, if the victim sustains serious bodily injury, the offense is elevated to a Level 4 felony, carrying more severe penalties. Penalties for Overpass Mischief Being convicted of Overpass Mischief can have serious consequences. Here are the potential penalties you may face:

  • Level 5 Felony: This level of felony in Indiana carries a sentence of 1 to 6 years in prison and a maximum fine of $10,000.

  • Level 4 Felony: If serious bodily injury occurs, the penalties are even more severe, with a sentence ranging from 2 to 12 years in prison and a maximum fine of $10,000.

How B. Hicks Law Can Help Facing criminal charges can be a frightening and confusing experience. However, you don't have to go through it alone. At B. Hicks Law, our experienced criminal defense attorneys are dedicated to protecting your rights and achieving the best possible outcome for your case. Our team will thoroughly investigate the circumstances of your case, gather evidence, and work to build a strong defense strategy. We are well-versed in Indiana's criminal laws, including those related to Overpass Mischief, and will provide you with the legal guidance and representation you need. Don't let a criminal charge jeopardize your future. Contact B. Hicks Law today to schedule a consultation with our skilled criminal defense attorneys. We are here to stand by your side and fight for your rights in and out of the courtroom. Your future is important to us, and we are committed to helping you navigate the legal process effectively.


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