Featured News 2012 Define the Law: Animal Cruelty

Define the Law: Animal Cruelty

About 62 percent of all American households include a pet of some type. Whether it's a cat, a dog, or a bird, almost every American has a furry, feathery, or scaly friend to come home to at night. Yet being a pet-owner includes a serious responsibility. Animal owners must carefully care for their pets, and give them a life of comfort and enjoyment. People who are explicitly cruel to their animals may wind up in jail because pet abuse is considered a serious crime. According the U.S. Animal Abuse Clarifications that were graphed in May 2012, 32.2 percent of all animal abuse cases are a neglect/abandonment situation.

While states normally regulate the statutes regarding animal cruelty, there are almost always punishments for neglecting an animal. In Nevada, for example, certain abuse cases can result in being sent to the county jail for between 2 days and 6 months. As well, the offender may be required to perform between 48 and 120 hours of community service depending on the degree of the offense. The person may also be punished by a fine between $200 and $1,000. When a second offense is detected by the same person, these punishments become more sever, with more jail time, higher fines, and longer hours or community service.

After neglect, the second most common form of animal cruelty is in hoarding animals. If a person takes in too many animals onto a small piece of property, this can be a form of animal abuse. Animals need space and cleanliness in order to be healthy, and cramming too many four-footed creatures into an enclosed environment can be fatal for them. As well, people are commonly convicted of shooting their animals. In Texas, people who shoot a stray dog or cat can be charged with a felony. They must have an owner's consent in order to shoot their animal.

8.9 percent of animal cruelty cases are the result of an unlawful fighting trade. So far this year, there have been 1,482 cases of this type of offense. Forcing animals to fight involuntarily for entertainment is incredibly inhumane, and people can be charged with extended time in jail for participating. In some states, such as Hawaii, a person who instigated a dog fight can be given 10 years in prison and charged up to $25,000. In most states, dog fighting is consider a felony and the dog fight instigator can receive up to 5 years in a state prison. Even spectators at a dog fight can receive up to 5 years in prison for supporting the practice. Only Kentucky and Montana do not prosecute spectators at a dog fight, though people who own dog fighting dogs or run dog fights can still spend 1-5 years behind bars.

This year, there have been 1,172 instances of animal abuse by beating. While the punishment for the beating varies from state to state, it normally includes a $1,000 fine and up to 6 months in prison. Each state has their own specially drafted definition of animal cruelty which helps to frame how an offender's trial will go. Almost all courts agree that purposeful vehicular manslaughter, poisoning, choking, strangling, suffocating mutilating, throwing, torturing, kicking, stomping, burning, or drowning a pet is a felony that can be punishable by prison time.

If you have been convicted of animal cruelty, then you will want a criminal defense lawyer present to be with you through your trial. If you are innocent of your crimes, you will want to provide adequate evidence, and explain why your animal may appear abused. Sometimes a miscommunication or a confused witness can convict you of a crime you did not commit. Get together with a skilled attorney to work towards your innocence!

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