Prosecuting Animal Crimes

Animal Control and Law Enforcement

The structure and management of animal control units varies from locality to locality within a state, and from state to state across the country. Animal control may be housed under the local police chief, the sheriff’s department, another administrative governmental unit, or it may be a standalone agency. Unfortunately, in some localities—usually the most rural—animal control officers are viewed as no more than old-time dog catchers, are given little to no training or education, and are not provided adequate resources or equipment. Animal control departments and shelters are often understaffed, in part because of low salaries. In other localities, animal control officers are well-respected professionals, provided with regular continuing education and the equipment needed to perform effectively. Officers may also be given the special designation of animal protection police. Some officers carry firearms and have full or partial law enforcement powers. Others must rely on law enforcement to execute search warrants and make arrests. These animal control officers are often unarmed in very dangerous situations.

Prosecution

To understand the practical implementation of criminal animal laws, one must have a basic understanding of the prosecution process. Because they are personal property, the unauthorized seizure of an animal is a constitutional violation. Therefore, whether or not an officer obtains a search warrant before seizing the animal, the process becomes twofold. The first step is a hearing to determine whether the seizure was lawful. The second step is the criminal trial. In most states, the seizure hearing is a civil proceeding, with a lower burden of proof than the criminal trial. In the criminal case, the prosecutor must prove to the judge or jury that the defendant is guilty beyond a reasonable doubt. The burden of proof in a civil seizure hearing can be lower than that of a criminal trial. The prosecutor must establish that there is either probable cause to believe,⁸⁶ or a civil standard of proof that the act in question was committed. However, some states apply a criminal standard to the seizure hearing. In a criminal case, the prosecutor must prove that the criminal act was committed beyond a reasonable doubt.⁸⁷ Probable cause is a reasonable basis that the crime has been committed and is the lowest burden of proof in any proceedings. Reasonable doubt means sufficient doubt for an acquittal. However, the prosecutor is not required to prove it beyond all doubt or a shadow of a doubt.

The seizure hearing is very important in that the fate of the animal is often determined at this stage, regardless of the subsequent outcome of the prosecution for the criminal wrongdoing. If the seizure hearing is not successful, the animalfs) can be returned to the accused abuser pending the criminal trial. A veterinarian is typically called to present expert testimony and evidence of neglect or abuse at both a seizure hearing and the criminal prosecution. It is crucial that the veterinarian is fully educated on both the facts and the law, though the veterinarian is not asked to opine upon the application of the law—only those facts related to the condition of the animal. The knowledge and preparedness of the veterinarian is particularly important at the seizure hearing because the same or similar testimony will typically be elicited at the criminal prosecution stage. A veterinarian with inconsistent testimony can damage the overall credibility of the prosecution. It is critical for the veterinarian to prepare a written report and review all notes and the report prior to testifying. Many court cases will not take place for several months after examination of the animals, so preparation is critical to a successful outcome in court.

In several states, the penalties and punishments for neglect and cruelty are set forth within the neglect and cruelty laws themselves. Prosecutors pursue misdemeanor level charges for simple neglect. Because prosecutors have discretion, many gross neglect and cruelty cases are also tried as

Veterinary Examination and Treatment of Abused Animals misdemeanors rather than felonies. An individual convicted of a misdemeanor is usually punished with a fine or short jail sentences, often less than a year. However, each state has some form of a felony cruelty statute. When animal cruelty can be punished as a felony it is almost always at the lower level of the felony scale, with relatively short jail sentences of 5 years or less. Felony provisions of cruelty statutes usually mirror the misdemeanor language but are used for more egregious acts. In some states, a felony conviction requires the prosecutor to prove specific elements in addition to those required for a misdemeanor. In many states, the abused animal must die or be euthanized in order for the prosecutor to charge a felony. This means that the prosecutor can initially charge a misdemeanor and increase it to a felony if the animal dies. However, there is a nationwide trend toward enacting laws that make intentional cruelty a felony regardless of whether or not the animal dies or is euthanized. An owner can be convicted of a felony, if, as a direct result of his actions, the animal suffers “serious bodily injury.”⁸⁸ In fact, Virginia recently enacted this type of law, which came into effect July 1, 2019.⁸⁹