Do dog abusers go to jail? Expert Advice

Criminal Penalties for Cruelty and Neglect

Historically, people found guilty of animal cruelty rarely went to jail for the crime, and the fines werent especially steep. Increasingly, however, states have introduced felony charges for some forms of abuse (often called “aggravated animal cruelty”). The difference between misdemeanor and felony animal cruelty usually hinges on one or more of four factors:

Intention. Often, animal cruelty is a misdemeanor if the conduct was negligent or intentional, but it becomes a felony if its done maliciously or with “extreme indifference to life” (Wash. Rev. Code Ann. § 16-52.205).

Type of abuse. Many states make torture or mutilation a felony, while other types of injury or neglect may only be a misdemeanor.

Result. In several states, animal cruelty becomes a felony if the animal dies, is seriously injured, or suffers for a long time.

Repetition. Criminal penalties are often increased for repeat offenders.

Some states treat minor forms of animal mistreatment and neglect as infractions (similar to a traffic ticket).

In addition to fines and/or jail time, the penalties for animal cruelty may include prohibitions on owning any other animals for a certain period of time.

Some states have specific anti-cruelty laws that apply to pet stores and “puppy mills,” the dog-breeding operations that supply puppies to pet shops across the country and often have deplorable conditions. Although puppy mills may be violating local, state, or federal laws, enforcement (particularly by the U.S. Department of Agriculture) is a problem. Several cities—and a few states—have responded by enacting laws that regulate or simply ban all sales of commercially bred animals in pet stores. For example, California prohibits any pet store in the state from selling dogs, cats, or rabbits unless they came from a shelter or rescue group (Cal. Health & Safety Code § 122354.5). People can still buy directly from reputable breeders, who dont sell their animals to pet stores anyway.

Putting two dogs or birds in a ring and having them tear at each other is obviously animal cruelty of an extreme sort. Organized dogfighting is against the law in all states, and its almost always a felony. Most states outlaw cockfighting as well, but the penalties may be less severe. Organized animal fighting is also against federal law if the animals were moved across state lines or the enterprise affected interstate commerce in other ways (7 U.S.C. § 2156).

These laws generally apply to the full range of participation in animal fighting, from breeding or training the animals to allowing a fight on your property. In almost all states, spectators at fights are also subject to misdemeanor or felony charges.

If youre facing criminal charges for animal cruelty or neglect, you should strongly consider consulting with a lawyer as soon as possible. Prosecutors are under increasing pressure to treat animal cruelty and neglect seriously. Depending on where you live and the nature of the charges, you could be looking at steep fines and even imprisonment, as well as losing your right to have pets. An experienced criminal defense attorney can help protect your rights and explore your possible defenses.

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All states outlaw cruelty to animals, as well as neglect and other forms of mistreatment. Criminal penalties range from modest fines to felony prison time.Updated By

Animal cruelty is a crime everywhere in the U.S. But state laws on the mistreatment of dogs, cats, and other animals vary a great deal. Some states are tough on this crime, while others still have general—and relatively lax—anti-cruelty statutes. Cities and counties get in the act as well, with ordinances that often outlaw types of abuse not covered by state laws. Overall, however, the trend is toward stronger protection for pets with detailed care standards and harsher criminal penalties for severe or repeated abuse. (For details on the rules in your state, see this 50-state guide to animal cruelty laws.)

Animal cruelty laws range from general bans on causing unnecessary suffering to exhaustive lists of specific criminal behaviors. Typically, these laws prohibit some or all of the following types of abuse:

torturing, maiming, or mutilating an animal

injuring, beating, or killing an animal unnecessarily or cruelly

leaving pets in cars under dangerous conditions (usually when its too hot or cold)

abandoning an animal in your care

overworking or overloading horses or other work animals

transporting or confining animals in a cruel or reckless way, and

killing, injuring, or poisoning another persons animal without legal authority or the owners consent.

A few states outlaw procedures like devocalization, ear cropping, and tail docking unless theyre medically necessary or done by a vet with anesthesia. New York even prohibits cosmetic piercing and tattoos for pets (N.Y. Agric. & Mkts. Law § 353-f).

Anyone who owns or is taking care of a pet or other animal may also be charged with a crime for neglecting the creature by not providing adequate food, water, and shelter. Here again, the details vary from state to state. Several laws also require owners to provide veterinary care when its needed to prevent suffering or maintain good health. And a few states have enacted very detailed requirements for protection from the weather and tethering dogs outside. For example, New Jersey sets minimum standards for proper shelters, including:

enough space to move around, stretch out, and sit up comfortably

good ventilation

clean conditions

good construction with a solid floor

access to clean water

good light (either natural or following natural cycles), and

protection from extreme temperatures, rain, and flooding.

The state also makes it a crime to leave dogs chained or tied up outside for more than 30 minutes in bad weather (including rain, snow, and below-freezing or very hot temperatures), with choke collars or tethers that dont let the dog move 15 feet, or under other cruel conditions spelled out in the law. (N.J. Stat. §§ 4:22-17.1–4:22-17.5.)

Usually, owners may be found guilty of animal neglect even if they didnt mean to be cruel, as long as they were criminally negligent or just knew they werent providing proper care. In some states, however, its not a crime unless the neglect was malicious or led to unnecessary suffering. And occasionally—like in Washington—its a defense to criminal charges if owners can prove that they couldnt properly care for their pets because of financial problems (Wash. Rev. Code § 16.52.207).

Can you go to jail for hurting a dog?

Penal Code 597 PC – California Animal Abuse & Animal Cruelty Laws. California Penal Code 597 PC defines the crime of animal abuse as maliciously killing, harming, maiming, or torturing an animal. The charge can be filed as either a misdemeanor or a felony and carries a sentence of up to 3 years in jail or prison.

This Youtuber is going to JAIL for HITTING her Dog

It has long been a cardinal rule of novelists and screen writers that whatever you do, never, ever kill a dog. Our society’s connection with animals, whether as a pet, companion, service animal or, in many cases, as a family member, is deep and lasting.

In the context of criminal cases, there are few cases that strike a nerve in our collective consciousness as deep and powerful as cases involving animal cruelty. These cases are often covered extensively by the media as evidenced by recent stories out of Orange County printed in the News and Observer, one regarding dog fighting, and the other a case of 57 dogs seized from one property.

Because of the visceral reaction the public has to crimes of animal cruelty, both state and federal governments are taking stronger stands. For those charged with, or suspected of, animal cruelty, it’s essential to contact a Raleigh criminal defense attorney as soon as possible to improve the outcome of your case.