Man’s Best Friend
Animals have roamed the Earth for millennia, just as humans. They live, breathe and sleep as we do. One would think animals have rights just as any other American – this is true to an extent. In Oklahoma, under most circumstances, cruelty to animals is not permitted. Whether it is on purpose or not, Oklahoma prohibits harming animals or other forms of animal cruelty.
However, just because an animal is unwell, does not mean the owner is guilty of animal cruelty. Animals are susceptible to injury and illness just as people are. It takes one glimpse at an animal with a cold to make a false assumption of animal abuse. Those facing animal cruelty charges in Oklahoma should contact an Oklahoma criminal defense lawyer.
Animal Cruelty Defined
The definition of an animal is any mammal, bird, fish, reptile, or invertebrate that is not a human. Mammals include dogs, cats, and horses. Birds are self-explanatory. Reptiles refer to animals such as lizards, snakes, and alligators. Lastly, we have invertebrates, which are insects, and some sea creatures. Oklahoma law defines all the aforementioned as animals.
Animal cruelty is when someone willfully tortures, beats, maims, mutilates, or kills an animal. Ownership over said animal does not excuse animal cruelty, nor does the animal’s domestication. Animals hurt under these elements are victims of animal cruelty. In Oklahoma, animal cruelty follows the guidelines of the Acts of Cruelty to Animals.
There are four elements to the crime of animal cruelty in Oklahoma:
- willfully or maliciously;
- causing, procuring, or permitting;
- the subjugation or captivity of any animal, leading to;
- said animal being overdriven, overloaded, tortured, destroyed, cruelly killed, beaten, injured, maimed, mutilated, or deprived of food or water. Okla. Stat. tit. 21 § 1685
To obtain a conviction, all these elements must be proven beyond a reasonable doubt.
Animal cruelty in Oklahoma is a felony and could result in imprisonment in the county jail for one year, a state penitentiary for five years, or a fine of $5,000. A misdemeanor conviction may result in no more than one year in jail. Okla. Stat. tit. 21 § 1685. The outcome of an animal cruelty trial is at the discretion of the jury. Okla. Stat. tit. 21 § 1685
Defense Against the Charge of Animal Cruelty
To justifiably inflict harm upon an animal in Oklahoma, a person must believe the animal poses an immediate threat to him or herself, someone else, or that person’s property. The harm inflicted upon the animal has to be proportional to the threat and the person doing the harm mustrr have reason to believe this was the only course of action that could prevent the perceived threat. Okla. Stat. tit. 21 § 1685
To convict on a charge of animal cruelty, the state has to prove beyond a reasonable doubt that the harm inflicted on the animal was unjustifiable. A skilled criminal defense lawyer in Oklahoma can make the case for such doubt.
Unwanted and Abandoned Animals
Abandoning a domesticated animal is a misdemeanor offense. Allowing a pet cat or dog, to roam free is illegal, especially if you do not intend on regaining control of the said animal. Often you see pet owners do the irresponsible thing of letting their animals loose from moving cars or near abandoned buildings. Oklahoma prohibits the act and those wanting to relinquish custody of their animals should speak with animal adoption clinics to see if they are willing to take in their animal.
Features associated with abandoned animals include animals roaming on others’ property, animals who look malnourished, or animals with no visible owner in sight. People may perceive the owner as attempting to relinquish ownership of their animal. Misdemeanor animal abandonment may warrant up to a fine of $500 and a year in jail.
People arrested with an animal in their possession may forfeit their ownership to officers for the time being. Since those arrested can not take care of their animal, officers can set up a lien to cover the expenses accrued while caring for the animal.
Additional Animal Cruelty Information
Many people can report animal cruelty: next-door neighbors, co-owners of animals, and law enforcement officers may file a complaint against an owner. Veterinarians work with animals on a regular basis; therefore, they are more likely to detect signs of animal cruelty. In situations like this, a veteran should contact law enforcement to report the findings. Common information such as the owner’s home address and general information about the animal may help officers look further into the animal cruelty case.
Animal control officers can take an animal from its owner for a warranted accusation of animal cruelty. In the event that an officer impounds your animal, posting a bond may be a last resort. Note that all money posted toward bonds is nonrefundable. Even if authorities see fit to return your animal, you have no entitlement to any money spent on bond. If an animal’s quality of life is inhumanely low and cannot improve, officers may euthanize the animal. Owners have no say in the case of authorities determining if an animal needs euthanasia.
Initial Consultation With a Federal Defense Attorney
Animal cruelty requires a full examination and explanation of why an animal is in poor condition. Hiring an Oklahoma criminal defense attorney can help you defend yourself from serious allegations like animal cruelty. Call a Muskogee attorney today to prepare a fierce defense for your court hearing.
Feel free to call 918-884-7774 or click the contact form on this page for more information on how to contact an attorney.