California law prohibits multiple forms of animal abuse.
Most Californians love animals. Whether it’s your favorite four legged companion, a gorgeous horse, or even a fish, there is often a special connection between humans and animals. Yet sometimes people abuse those same animals. These cases are tragic, as the plight of innocent animals who cannot defend themselves is something that we can all sympathize with — and agree that people who commit these crimes should be punished.
Under California law, it is a crime to maliciously intentionally, or cruelly kill, physically harm, neglect or overwork an animal. Specifically, the law prohibits anyone from:
- Maliciously, intentionally or cruelly maiming, mutilating, torturing a living animal;
- Maliciously, intentionally, or cruelly killing an animal;
- Depriving an animal of necessary food, rink or shelter; and/or
- Riding, driving, overworking, or otherwise using the animal when it is unfit for labor.
In addition, it is also a crime to put an animal into a dogfight or a cockfight (or participate in these events in any way), or to leave an animal in an unattended car under conditions that endanger its health or well-being. There are multiple other types of animal abuse that can subject a person to animal abuse charges, as an experienced Los Angeles criminal defense attorney can explain. These include sexual abuse of an animal, poisoning an animal or animals, confining an animal in a way that it becomes injured or has no access to water or food, or transporting an animal in a cruel or inhumane way.
Animal abuse charges are often reported to the authorities by the public, who are encouraged to report them by animal rights organizations and law enforcement. Veterinarians are also obligated to report instances of suspected animal abuse.
Animal abuse charges are wobblers, which means that a prosecutor can charge them as either felonies or misdemeanors depending on the facts of the case and your criminal history. Felony animal abuse in California is punished by up to three years in prison and a fine of up to $20,000. Misdemeanor animal abuse is punishable by up to one year in county jail and a fine of up to $20,000. In addition, a court may impose additional sanctions, such as requiring you to pay for the cost of housing the animals, removing animals from your care and completing court-ordered counseling.
Animal abuse cases can be difficult to defend, according to a Los Angeles criminal defense attorney, because animals hold a special place in the hearts of so many Californians. Without a doubt, people who abuse animals should be punished — but not everyone who is charged with animal abuse is guilty of the charges. A skilled Los Angeles criminal defense attorney may be able to mount factual and legal defenses to the charge of animal abuse, depending on the facts of the case. This may include arguing that you only hurt an animal in self defense or defense of others. For example, this may be the case if a dog was attacking a child and you had to hurt it to get it to stop. If you accidentally hit with your car a neighbor’s cat, killing it, after it slipped out of the house while you were turning into your driveway, your Los Angeles criminal defense attorney could argue that the killing was an accident — not an intentional or negligent act. Your lawyer could also argue that you have been falsely accused, particularly with the ability of people to anonymously report allegations of animal abuse via various channels, including websites and 1-800 numbers.
If you have been charged with animal abuse, you will need an aggressive Los Angeles criminal defense attorney to help you fight the charges and achieve the best possible outcome. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help.
