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Animal Cruelty Laws and Charges in Florida Explained
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Animal Cruelty Laws and Charges in Florida Explained
Florida has several laws in place to protect animals from cruelty and abuse. These laws outline various penalties for those who harm pets, livestock, and other domesticated or captive animals. Understanding the specific charges and potential consequences is important for any Florida resident.
Overview of Florida’s Animal Cruelty Laws
The main animal cruelty statute in Florida is Section 828.12 of the Florida Statutes. This law categorizes animal cruelty into two types:
Misdemeanor Animal Cruelty
This charge applies when someone “unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal.” Misdemeanor animal cruelty is a first-degree misdemeanor.
Felony animal cruelty is a third-degree felony.
So in simple terms, misdemeanor charges involve neglect and abuse that causes suffering, while felony charges require the intentional infliction of cruelty that causes death or repeated/excessive suffering.
Penalties for Animal Cruelty Convictions
If convicted of misdemeanor animal cruelty, penalties can include:
- Up to 1 year in jail
- Fines up to $5,000
- Probation
- Anger management counseling or other special conditions
And for felony convictions, penalties can include:
- Up to 5 years in prison
- Fines up to $10,000
- Probation
- Anger management counseling or other special conditions
Judges also have the discretion to prohibit people convicted of animal cruelty from owning, possessing, or living with animals for a period of time afterwards.
Aggravating Factors Mean Harsher Punishments
There are certain aggravating circumstances that can mean increased penalties for animal cruelty convictions. These include:
- Prior animal cruelty offenses – Having previous convictions under Section 828.12 leads to mandatory increased jail/prison time and fines.
- Multiple animal victims – Each act of cruelty can be charged separately, leading to multiple counts.
- Presence of minors – Committing animal cruelty in front of children under 16 leads to mandatory psychological counseling or anger management, and likely harsher penalties.
- Animal killed or seriously injured – Causing an animal’s death or grievous injury leads to increased penalties.
- Organized animal fighting – Penalties for animal fighting are even more severe, with up to 5 years prison even for a first offense.
So for example, someone with a previous animal cruelty conviction who tortured a dog in front of a child, ultimately killing the dog, would likely face the harshest punishment possible under Florida law.
Defenses to Animal Cruelty Charges
Some potential defenses to animal cruelty charges can include:
- Lack of intent – For felony charges, the cruelty must be intentional. Lack of intent could lead to reduced misdemeanor charges.
- Self defense or defense of others – Harming a dangerous or aggressive animal to defend people or livestock may be justified.
- Proper animal husbandry – Normal veterinarian procedures, breeding, transportation, discipline, etc. do not constitute cruelty.
- Mistake of fact – Reasonably but incorrectly believing the animal was in danger, abandoned, etc. could negate intent.
An experienced criminal defense attorney can evaluate the evidence and determine if any defenses like these apply to your case.
Reporting Suspected Animal Cruelty
If you witness animal cruelty or abuse occurring, do not attempt to intervene directly. Call 911 and report details like:
- Type(s) of animal(s) involved
- Exact location
- Description of the person/people involved
- Description of the abusive acts or neglect
- Whether the animal seems injured or in distress
Getting authorities involved quickly can help stop the abuse and lead to appropriate charges for the perpetrator. Passing updated laws is also important. Florida voters recently passed Amendment 13, which phased out greyhound racing and banned betting on dog races by the end of 2020.
This closed a major loophole that allowed animal cruelty such as doping in the racing industry.