Knowing what are animal cruelty crimes can be a detrimental thing when you face an accusation. In Claremore, as well as all of Oklahoma, animal cruelty is taken very seriously. As such, stringent laws are in place to protect animals from abuse and neglect. The state recognizes both misdemeanor and felony charges for animal cruelty. This means each carry significant legal consequences that can alter a person’s life. This article will delve into the specifics of these charges, as well as outline the penalties involved. For more information on other topics, take a look at our Claremore Attorneys Law Blog.
Types of Animal Cruelty Crimes
Oklahoma law distinguishes between general animal cruelty and animal fighting, each defined under different statutes:
- Animal Cruelty (Misdemeanor and Felony): According to Oklahoma Statutes Title 21, Section 1685, it is illegal to willfully or maliciously torture, destroy, beat, mutilate, maim, or injure any animal. Initially, offenders may face misdemeanor charges, but repeated offenses or particularly heinous acts can often result in felony charges.
- Animal Fighting (Felony): Engaging in dog fighting, cockfighting, or any form of animal fighting is strictly prohibited and is a felony offense under Oklahoma law (Title 21, Section 1680.8). This includes breeding, training, selling animals for fighting, or even spectating at such events.
Specific Charges and Consequences
The charges and subsequent fines or jail time can depend on several factors. For misdemeanor offenses, this can include up to one year in county jail, a fine of up to $500, or both. This can be for neglecting to provide adequate food, water, or shelter for pets. You should contact a criminal defense attorney who can help represent you in court if you’re facing an animal cruelty misdemeanor.
However, felony animal cruelty offenses are much more serious in their charges. Upon the first felony conviction, the punishment may include prison time for up to five years, a fine of up to $5,000, or both. This means severe physical abuse resulting in the death or serious injury of an animal. Alternatively, it can mean multiple instances of misdemeanor animal cruelty infractions. Further, felony animal fighting is its own separate crime. Conviction for this can result in three to ten years in prison, along with hefty fines. As such, organizing or participating in the fighting of dogs or roosters, owning equipment used in training animals to fight, or any involvement is a reprehensible crime in Oklahoma. Having an attorney for these cases could potentially save you from years of imprisonment.
Animal Cruelty Defenses
In legal proceedings involving animal cruelty charges, defendants may have several potential defenses available. This will always depend on the specifics of the case. One common defense is the assertion that the defendant was not the owner or caretaker of the animal, and thus not responsible for its welfare. Another defense could involve proving that the harm to the animal was unintentional and resulted from an accident. This could prove there was no deliberate intent to cause suffering or injury. Killing an animal in self-defense is also a common defense a person could use. A dog attacking you or someone else is an example of such acts of self defense.
Defendants might also argue that their actions were necessary under the circumstances. For example, in cases where an animal was euthanized to relieve uncontrollable pain or suffering due to a terminal illness. For this, all actions were in compliance with legal standards for such situations. Additionally, in cases where the condition of the animal might be mistaken for abuse or neglect, such as naturally occurring illnesses or conditions mistaken for starvation or poor treatment, defendants might present veterinary records or expert testimony. This can help to demonstrate proper care and refute allegations of cruelty. It’s important to receive proper legal counsel when trying to employ any of these tactics.
Criminal Defense Lawyers Near You
Animal cruelty crimes are a serious offense in Oklahoma, with the law providing for harsh penalties to deter abuse and mistreatment. Through stringent legal measures and community vigilance, the state aims to protect the welfare of all animals. If you have been charged with animal cruelty, it’s important to seek legal help to properly defend you. The criminal defense attorneys at Claremore Attorneys have extensive experience helping those who receive these charges. We will help to get you the best outcome possible for your case. For a free and confidential consultation call us at 918-379-4872. You can also reach us on our Ask A Lawyer feature.