| “The
potential for felony, state imprisonment sentencing
is too great to downplay the seriousness of animal cruelty
charges simply because the case ‘only involves
animals’”. – Los Angeles Criminal
Defense Attorney Kenneth H. Lewis
California treats animal cruelty as a serious crime
and cases are prosecuted aggressively. If you have
been charged with animal cruelty, neglect or any form
of animal abuse, you are facing the possibility of
significant penalties, including imprisonment. Your
defense attorney must be experienced, sophisticated,
well armed with the facts and knowledgeable in California
animal cruelty law in order to best serve you. Contact
the Law Office of Kenneth H. Lewis & Associates
today to schedule an appointment with a skilled Los
Angeles animal cruelty lawyer.
WHAT IS ANIMAL CRUELTY?
California animal cruelty law
is primarily described in California Penal Code Section
597. There are basically two types of animal cruelty:
intentional cruelty and negligent cruelty.
Intentionally inflicted cruelty
to animals is generally violent and deliberate animal
abuse, for example:
- Conducting a dog or rooster
fight
- Cruelly or inhumanely confining
an animal
- Unnecessarily killing an
animal
- Torturing, beating, poisoning
or mutilating an animal
Negligent cruelty to animals
is failing to provide adequate care, for example:
- Failing to treat a pet’s
wounds or illness
- Failing to provide water
or food
- Failing to providing sanitary
living conditions
- Failing to provide adequate
shelter
WHAT ARE THE PENALTIES FOR
CRUELTY TO ANIMALS?
In California, animal cruelty
can be charged as either a misdemeanor or a felony.
Defendants can be fined up to $20,000 and/or sentenced
to incarceration in state prison or in county jail
for up to one year. A state prison (felony) sentence
would be 16 months, 2 years or 3 years in custody
depending on the severity of the case. Because cruelty
to animals is considered a “non-violent crime,”
defendants are entitled to good behavior, work time
credit of 50 percent, i.e. they only need to serve
one half of the sentence before release.
WHEN IS ANIMAL ABUSE CHARGED
AS A FELONY?
The number of animals involved
is often a determining factor in the prosecution’s
decision to file animal abuse charges as either a
misdemeanor or a felony. If only one animal is involved,
a felony charge is less likely, unless the animal
has been horrifically harmed. Rescue shelters, breeders
and other facilities where many animals are kept run
the greatest chances of more serious charges being
filed.
WHY ARE ANIMAL CRUELTY CHARGES
SO SERIOUS?
The sheer emotional power of
the presentation of harm to animals in a trial cannot
be minimized. Judges and juries can be expected to
act emotionally to evidence of harm to animals, especially
domestic animals like dogs or cats. California judges
have not hesitated in sentencing defendants to state
prison for the abuse of animals—these cases
are taken very seriously.
LOS ANGELES ANIMAL CRUELTY
DEFENSE
Like many large cities, Los
Angeles has created a special task force to deal with
animal cruelty cases. The Animal Cruelty Task Force
(ACTF) consists of five animal control officers and
two Los Angeles Police Department (LAPD) detectives.
Cases are prosecuted by the Los Angeles City Attorney’s
Office. Animal cruelty prosecution is the ACTF’s
specialty and the aggressive prosecution of suspected
animal abusers is strongly supported by the general
public. For the suspect, having an experienced attorney
who knows animal cruelty law and knows how these cases
can be aggressively defended is imperative.
HOW KEN LEWIS CAN HELP YOU
Animal cruelty cases are complicated,
but there are various ways to achieve a successful
defense. For example, the Los Angeles Animal Cruelty
Task Force often gathers information for obtaining
search warrants by walking through yards and looking
through fences. These searches raise serious Fourth
Amendment issues (the Constitutional right to be free
from illegal searches and seizures.) At the Law Office
of Kenneth H. Lewis & Associates, we go beyond
basic defense strategies to help our clients avoid
fines, imprisonment and the other costs associated
with being arrested for the neglect or abuse of animals.
If any evidence is obtained illegally, we will make
every effort to have the evidence suppressed and the
case dismissed.
Ken Lewis has over 30 years
experience as a criminal defense lawyer. He has an
outstanding track record of success in animal cruelty
cases and will leave no stone unturned in defending
you.
Call Ken Lewis now to schedule
a NO COST CONSULTATION day or night:
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE: 213-624-4904
E-MAIL: Kenhlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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