Pursuant to personal injury laws in Texas, a person may be able to file a civil lawsuit against an individual who has abused their animal in certain situations. Additionally, they may also be able to report that abuse to local law enforcement.
In the majority of situations, this lawsuit will be based on the market value of the animal that was abused. Only some courts will award a plaintiff damages for emotional distress or punitive damages in these types of cases.
Every state, including Texas, also punishes animal cruelty under its criminal laws. These laws typically make it illegal for an individual to intentionally wound or maim an animal or leave them without proper care and attention.
If someone thinks they may need to file an animal cruelty lawsuit, they should reach out to a Texas personal injury attorney as soon as they can.
What Qualifies as Animal Cruelty?
Under Texas Penal Code § 42.09, animal cruelty is conduct that causes harm to an animal. This may include neglecting, abandoning, or torturing it.
Animal cruelty may also include failure to provide water, food, or shelter. Specific examples of what may be considered animal cruelty in Texas may include, but may not be limited to:
- Abandonment
- Failure to provide food, shelter, or care
- Torturing, maiming, or killing
- Causing one animal to fight another
- Confining or transporting the animal in a cruel manner
- Tripping a horse
- Using a live animal as a lure in dog racing
- Overworking an animal
- Injuring an animal that belongs to another individual
- Leaving a pet outdoors in extreme weather conditions without sufficient food, water, and shelter
- Administering poison to an animal
- Attending an animal fight
- Leaving an animal in a car if conditions can result in suffering or death
- Using or riding an animal for labor when they are not fit for it
- Making an animal stay outside in extreme temperatures
- Keeping an animal in a small kennel for a long period of time
- Throwing an animal into traffic
- Keeping more than one animal in one kennel when there is not enough room for them to move
Animal cruelty cases also fall under property laws because animals are treated as the personal property of their owners. Due to the fact that animal cruelty and abuse laws are relatively new and evolving, an individual should reach out to a Texas lawyer for the latest updates.
What Is the Punishment for Animal Cruelty?
There are numerous punishments that an individual may face for animal cruelty, both civil and criminal. Civil lawsuits usually include a demand for compensatory damages. Depending on the type of offense and the circumstances of the case and the individual’s criminal history, a defendant may be charged with a misdemeanor or a felony.
If a defendant is charged with a misdemeanor, they may face:
- Up to one year in jail
- Up to $4,000 in criminal fines
- A combination of both
It is important to note that, on the third misdemeanor offense, it will be charged as a felony. If a defendant is charged with an animal cruelty felony, they may face:
- Up to ten years in prison
- Up to $10,000 in criminal fines
- A combination of both
If a child commits animal cruelty, they will be required to go to counseling. If an individual was previously convicted of an animal cruelty offense, they may be prohibited from exercising control over or possessing an animal for up to five years.
In most cases, whether a defendant is charged with a misdemeanor or a felony depends on several factors, such as:
- The number of animals involved
- The level of the cruelty imposed
- Whether or not the alleged animal abuser has previous criminal convictions
- The result of the cruelty
When an individual has a misdemeanor criminal charge or a felony charge on their criminal record, it can affect many different aspects of their life, including:
- Getting housing
- Obtaining a job
- Owning an animal in the future
- Civil rights such as voting and owning firearms
Because of the possible significant ramifications of a criminal conviction, it is very important for an individual to consult a lawyer if they are facing criminal charges based on animal cruelty.
What Should I Do If I Saw an Animal Being Abused?
If someone sees an animal being abused, they should immediately report the issue to the proper local authorities. It is important that the individual not try to take action on their own.
Local Texas authorities will evaluate and investigate the issue, address any abuse, and punish an offender when needed. What is classified as animal abuse is not what an individual believes to be cruel or abusive but, instead, is based on the letter of the law in the state.
For example, if an individual sees an animal that is outdoors and seems upset, it may not necessarily be animal cruelty. Due to these possible discrepancies in the law and an individual’s perception, if someone suspects animal cruelty, they should notify local authorities, an animal welfare group, or a humane society.
In some cases, an agent of the humane society will be able to investigate the alleged animal cruelty and, if it has occurred, seize the animal. The agent may also be able to provide advice regarding whether local Texas law enforcement will be able to take action, even if the conduct of the owner is not technically illegal.
What Should I Do if My Animal Was Abused?
If someone’s own animal was abused, they should report it to local Texas authorities. Additionally, it is important that they document any available evidence of the abuse, as they may have the option of filing a civil lawsuit against the offender or present the case to a local district attorney.
A pet owner has to keep in mind that, even though a pet is usually considered a member of an individual’s family, they will be considered personal property under the law. As previously noted, the damages in civil lawsuits are often limited to the market value of the animal.
Should I Talk to a Lawyer Regarding Animal Cruelty Laws?
If you have an animal that has been abused or faced cruelty in the State of Texas, you may be able to file a civil lawsuit against the perpetrator as well as seek criminal charges. If you would like to file a lawsuit, it is important to reach out to a Texas personal injury attorney who will be able to evaluate the claim and represent you throughout the process.
If you are charged with animal cruelty or abuse in Texas, you should consult with a Texas criminal defense attorney quickly. Your attorney can give you advice about the charges and penalties you may face, represent you in court, and present the best case possible on your behalf.
Whether you need a Texas personal injury attorney or criminal defense attorney, LegalMatch is a great resource. It will only take you about 15 minutes to submit your issue online for free. Once you have, in about 24 hours, you will get responses from Texas lawyers in your area.
These will give you information on the Texas attorney’s education, experience, and fee arrangements. Cases of animal cruelty can be complex and emotional. Having a lawyer can help ease that stress.
