Under animal abuse laws, there are numerous different terms used to describe cases where animals are subjected to mistreatment or injuries. Animal cruelty is the inhumane treatment of an animal, whether it is a pet or livestock.
Animal abuse occurs when an animal is physically harmed or neglected intentionally, including criminal acts such as poisoning or torture. Animal neglect, also referred to as animal abandonment, is a form of animal cruelty.
Animal neglect occurs when an individual does not provide adequate care for an animal or animals in their care. Animal neglect cases may range from minor to very severe.
These types of cases are typically more common than cases involving animal cruelty or abuse. In some cases, there may be a combination of animal neglect as well as animal abuse or cruelty.
What Is Considered Animal Cruelty?
Animal law is a relatively new area of specialty within the law. An animal lawyer is an attorney who specializes in cases that involve animals.
Animal lawyers typically specialize in property law because the law treats injuries to animals as injuries to personal property. It is against the law in every state in the United States to treat an animal cruelly.
The laws in each state may vary regarding what is considered animal cruelty. In addition, the laws are becoming stiffer against animal cruelty, meaning that these laws are still developing.
Most states, however, prohibit a variety of types of mistreatment of animals, with criminal and civil punishments ranging from misdemeanor charges with relatively low fines to felony charges with severe fines and possible imprisonment. In many states, there are only laws protecting domesticated animals, for example, dogs or cats.
There are also animal cruelty laws that extend to wild animals under the care and control of an animal facility. This means that animal cruelty laws also protect livestock from inhumane treatment.
What Is Animal Abandonment?
Animal abandonment, which is often used interchangeably with animal neglect, occurs when the owner or caretaker of a pet or other animal neglects that animal. This may occur when the individual does not provide the basic necessities for the animal’s survival, such as water, food, and shelter.
In the majority of states, proper shelter includes:
- Enough space to move;
- Access to food and water;
- General clean condition; and
- Some type of protection from severe weather.
Most states also make it illegal to dump an animal in public or to leave an animal without providing for its basic needs. It can be difficult to enforce animal abandonment laws, as most animals in these situations are left without proper identification.
In some states, it is illegal to leave an animal unattended in a vehicle for longer than a certain period of time, because of the possibility of the animal experiencing heat stroke. An animal owner may be found guilty of animal abandonment or neglect, even if they did not intend to be cruel, as long as they did not provide the proper amount of care.
What Type of Animal Can Be Neglected?
There are many different types of animals that may be the subject of animal neglect cases, including, but not limited to:
- An individual’s pet;
- Farm animal;
- Wildlife;
- Animals being held in captivity;
- Animals being used for scientific research; or
- Animals that are sold in stores.
Animals that are more commonly neglected include:
- Dogs;
- Cats;
- Birds;
- Lizards; and
- Smaller mammals, including mice and hamsters.
Large farm animals may also be victims of neglect because the cost and upkeep may become too high for an individual to afford.
What Is Considered Animal Neglect?
Animal neglect may include a wide range of conduct, such as if an individual:
- Does not provide the animal with proper water and food;
- Does not provide veterinary care;
- Does not provide shelter;
- Does not provide socialization;
- Keeps an animal in a cage or living areas that are too small;
- Chains a pet for long periods of time;
- Overworks an animal; or
- Is leaving their pet in the car.
The type and degree of the neglect may depend on numerous different factors. Because of this, each animal neglect case may differ from the next.
There are several common factors that may influence an animal negligence case, including:
- The type of animal involved;
- Whether the person responsible for the animal had any special training;
- The location where the animal was kept; or
- The origin of the animal.
Even if an individual did not intend to neglect their pet, they may still be charged with animal neglect. Animal neglect involves the deliberate abuse of an animal or the failure to take care of the animal.
It is important to note that what is considered animal neglect may vary by state and even by county within a state. It may also depend on how strictly the laws are enforced.
There are many states that ban pet owners from putting a pet in the back of their car or in a truck without securing them in a crate. In many cases, however, it is up to law enforcement to ticket and fine the owner.
Some animal neglect laws may seem vague and may punish an owner for putting their pets in a harmful situation for a long period of time. This prohibits owners from leaving their pet in the car or leaving them outside if it snows.
What Are the Consequences of Animal Neglect?
In some states, animal neglect is considered a wobbler offense. This means that an individual who is charged, may face a misdemeanor charge or a felony charge, depending on the severity of the case.
If the crime is tried as a misdemeanor, a defendant may face up to 1 year in jail and criminal fines. If the crime is tried as a felony, the defendant may face one to five years in a state prison facility and heftier criminal fines.
The penalties for this offense may be compounded if there are multiple instances or multiple counts of animal neglect involved. In certain cases, if the neglect was truly unintentional, authorities may attempt to help the owner correct the situation.
The neglect of an exotic animal may lead to additional criminal penalties because the possession of an exotic animal is typically illegal.
Examples of additional consequences of animal neglect may include:
- Having the animal or animals permanently removed from the individual’s care;
- Paying any costs associated with the animal’s housing from the time of the seizure of the animal up until conviction; or
- Additional penalties if the neglect involved the use of dangerous or deadly weapons.
Activities such as dog fighting or animal fighting may also be considered animal neglect or animal cruelty. However, they may also be subject to their own separate laws and legal penalties which are often more severe than simple animal neglect charges.
Do I Need a Lawyer for an Animal Neglect Case?
An animal neglect case can be very complicated and may involve other legal concepts. If you are facing animal neglect charges, it is important to consult with a criminal lawyer.
Your lawyer will advise you of your rights and how to proceed with the case. Your attorney may also be able to work to reduce or eliminate the neglect charge.
