Nobody likes to see a pet suffering or dying. That is why people are so quick to call the police when they see an animal in a car alone on a hot day, or a pet chained outside in the direct sun with no access to water. The fact is, though, with some Animal Abuse cases, accidents just happen. But there is no room for an accident when it comes to law enforcement, at least not for most of us. A police officer was recently in the news for leaving his K-9 in the car for almost three hours before returning to find the dog dead. There is no doubt in my mind that it was an accident and the handler did not intentionally mean to leave the dog behind. According to the news report, he had just arrived home and went inside to help his wife with another dog, leaving the K-9 in the car. He simply forgot about the dog in the car. For most people in Greeley, Erie, and Evans, they would have instantly been issued a ticket or summons for Animal Cruelty. However, for the police officer, no charges have been filed. I am not asserting that he should or should not be charged. That is not my job. I just wanted to note that in the case of a police officer, any accident might truly be seen as an accident, whereas for most others, accidents will still result in criminal charges.
Weld County Animal Cruelty Lawyer: What is the Definition of Cruelty to Animals?
The Colorado law definition of Cruelty to Animals – C.R.S. 18-9-202 – is:
(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.
(1.5) (a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.
(b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal.
(c) A person commits cruelty to a service animal if he or she violates the provisions of subsection (1) of this section with respect to a service animal as defined in section 18-1.3-602 (3.5), whether the service animal is on duty or not on duty.
Have you been charged with Animal Abuse or Animal Cruelty? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Animal Abuse or Animal Cruelty? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Greeley Cruelty to Animals Lawyer: Service Animals and Animal
Under part (c) there is a special consideration for any animal considered a service animal. The statute’s definition of ‘service animal’ is:
“Service animal” means any animal, the services of which are used to aid the performance of official duties by a peace officer, law enforcement agency, fire department, fire protection district, or governmental search and rescue agency.
The K-9 that died in the car would be considered a service animal, which adds a restitution element to the crime. As a class 1 misdemeanor, Animal Cruelty is punishable by 6 to 18 months in the Weld County Jail and up to $5,000 in fines. On top of that, if the abuse was with a service animal, the person convicted must pay restitution to either cover the vet bill costs, or the cost of replacing the animal should the abuse have resulted in the animal’s death.
If you or someone you love has been charged with Cruelty to Animals in Weld, Morgan, or Logan County, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image Credit: Pixabay – juliec