Under the personal injury laws in California, an individual can bring a civil lawsuit against someone who has abused their animal. In addition, they can also report that abuse to local law enforcement.
In most cases, the lawsuit will be based on the market value of that animal. There are only a few courts that will award plaintiffs damages for emotional distress or punitive damages.
Under California Penal Code Section 597, animal cruelty is also a criminal offense. This law makes it illegal to intentionally torture, maim, mutilate, or wound an animal. It also prohibits leaving animals without proper attention or care.
If an individual believes they may need to file an animal cruelty lawsuit, they should consult with a California personal injury attorney as soon as they can.
What Qualifies as Animal Cruelty?
Under California Penal Code §597(a), animal cruelty offenses include intentionally doing any of the following to an animal:
- Maiming
- Woulding
- Torturing
- Mutilating
- Killing
In addition, failure to provide the animal with proper water, food, and shelter is considered animal cruelty. Other examples of animal cruelty include:
- Leaving an animal in a vehicle when conditions may result in suffering or death
- Attending an animal fighting exhibition
- Riding, driving, or using an animal that is not fit for labor
Specific examples of conduct that may be considered animal cruelty can include, but may not be limited to:
- Forcing the animal to stay outside in extreme temperatures
- Leaving the animal alone is a residence for days with no water or food
- Throwing an animal into traffic
- Keeping multiple animals in the same kennel where they do not have enough room to move
- Keeping animals in small kennels for long periods of time
These types of cases fall under the umbrella of property law, because the law treats animals as personal property of their owners. Every state in the United States has laws prohibiting cruelty to animals; however, what constitutes animal cruelty may differ.
As these laws are relatively new, some states are developing harsher penalties for these offenses. Because the laws governing animal cruelty may evolve as time passes, it is important to consult with a California lawyer for the latest updates.
The animal cruelty laws in some states will extend to domesticated animals, including dogs and cats, as well as wild animals under the care and control of a facility. This means that animal cruelty laws also protect livestock.
There are typically two main categories of animal cruelty, animal abuse and animal neglect. Animal abuse is considered the more serious category.
What Is the Punishment for Animal Cruelty?
There can be a variety of punishments for these offenses, both civil and criminal. A civil lawsuit will include a demand for compensatory damages.
In the State of California, criminal laws provide that offenders can be charged with a misdemeanor or a felony, depending on the circumstances of the case. For misdemeanor charges, an offender will face:
- Up to one year in county jail
- Criminal finds of up to $5,000
- A combination of both jail and criminal fines
With felony charges, an offender will face:
- Up to three years in a state prison
- Up to $20,000 in criminal fines
- Both incarceration and criminal fines
There are also other potential consequences an offender may face, such as:
- Having the animal permanently removed from their care
- Having to pay the cost of housing the animal
- Being banned from owning animals for up to ten years
Usually, the difference between facing misdemeanor charges and felony charges will depend on a variety of factors, which may include:
- The level of the cruelty imposed upon the animal
- The number of animals that were involved
- Whether or not the alleged animal abuser has previous criminal convictions
- The result of the cruelty to the animal
For example, if an offender has previous convictions for animal cruelty and they kill another animal, they are likely to face felony charges. Nearly every state will treat a repeat animal cruelty offender by charging them with a felony.
Having a misdemeanor or a felony charge on an individual’s record can affect many aspects of their life, from housing to employment to future animal ownership. Because of this, it is important to consult a lawyer if an individual is facing criminal charges from animal cruelty.
What Should I Do if I Saw an Animal Being Abused?
If an individual believes they saw an animal that was being abused, they should report the incident to the proper local authorities and not try to take action themselves. Local California authorities can investigate and evaluate the situation, address the issue, and punish the offender when necessary.
It is also important to be aware that what is considered animal abuse depends on the letter of the law, and not an individual’s feelings. For example, if someone sees an animal being ridden, even if the animal appears upset, it may not constitute animal cruelty.
Because of this, when an individual suspects or sees another individual of mistreating an animal, the best course of action is to notify local authorities, an animal welfare group, or the humane society. In some situations, a humane society agent can investigate animal cruelty complaints and seize an animal if it has been abused.
They may also be able to provide advice about whether local law enforcement can take action, even when an owner’s behavior is technically not considered illegal.
What Should I Do if My Animal Was Abused?
If an individual’s animal was abused, they should report it immediately to their local authorities. In addition, they should document any evidence of animal cruelty or abuse, because they might be able to file a civil lawsuit against the offender or bring the case to the local district attorney.
Pet owners must keep in mind that, even though pets are often considered members of a family, they are classified as personal property in the eyes of the law. As noted above, damages in a civil lawsuit will usually be limited to the animal’s market value.
Should I Talk to a Lawyer Regarding Animal Cruelty Laws?
If your animal has been subjected to animal cruelty or abuse in California, you may be able to file a civil lawsuit against them as well as pursue criminal charges. If you want to file a lawsuit, you should consult with a California personal injury lawyer who can evaluate your claim and represent you throughout the lawsuit process.
If you have been accused of or charged with animal cruelty in California, you should reach out to a California criminal defense attorney as soon as you can. Your lawyer will be able to advise you of the possible charges and penalties you may face and present the best possible defense on your behalf in court.
No matter what type of lawyer you need for your animal cruelty legal issue, LegalMatch can help. It only takes about 15 minutes for you to submit your question or concern on the website for free and you will receive responses from California attorneys near you who can help.
These responses will provide information on each California lawyer’s background, experience, and potential fee arrangements. Animal cruelty can be a challenging and emotional issue to resolve, so having an attorney’s help can ease that burden.
