How Do I Defend an Animal Cruelty Charge in Florida?
Full Question:
Answer:
The answer will depend on all the facts and circumstances involved. It may be possible to reach an out-of-court settlement or to defend on the basis of lack of intent. Intentional tort refers to civil wrongs performed by the actor with an intention to bring harm to the affected person. The plaintiff must prove that the defendant acted with a specific intent to bring such harm on him. An "intentional act" as one in which the actor either:
1. Consciously desires the physical result of his act, whatever the likelihood of the result happening from his conduct, or
2. Knows that the result is "substantially certain" to follow from his conduct, whatever his desire may be as to that result.
We are prohibited from giving legal advice, as this service provides information of a general legal nature. I suggest consulting a local attorney who can review all the facts and documents involved.
Please see the following FL statute:
828.12 Cruelty to animals. —
(1) A person who unnecessarily overloads, overdrives, torments, deprives
of necessary sustenance or shelter, or unnecessarily mutilates, or kills
any animal, or causes the same to be done, or carries in or upon any
vehicle, or otherwise, any animal in a cruel or inhumane manner, is guilty
of a misdemeanor of the first degree, punishable as provided in s. 775.082
or by a fine of not more than $5,000, or both.
(2) A person who intentionally commits an act to any animal which results
in the cruel death, or excessive or repeated infliction of unnecessary pain
or suffering, or causes the same to be done, is guilty of a felony of the
third degree, punishable as provided in s. 775.082 or by a fine of not more
than $10,000, or both.
(a) A person convicted of a violation of this subsection, where the
finder of fact determines that the violation includes the knowing and
intentional torture or torment of an animal that injures, mutilates, or
kills the animal, shall be ordered to pay a minimum mandatory fine of
$2,500 and undergo psychological counseling or complete an anger management
treatment program.
(b) Any person convicted of a second or subsequent violation of this
subsection shall be required to pay a minimum mandatory fine of $5,000 and
serve a minimum mandatory period of incarceration of 6 months. In addition,
the person shall be released only upon expiration of sentence, shall not be
eligible for parole, control release, or any form of early release, and
must serve 100 percent of the court-imposed sentence. Any plea of nolo
contendere shall be considered a conviction for purposes of this
subsection.
(3) A veterinarian licensed to practice in the state shall be held
harmless from either criminal or civil liability for any decisions made or
services rendered under the provisions of this section. Such a veterinarian
is, therefore, under this subsection, immune from a lawsuit for his or her
part in an investigation of cruelty to animals.
(4) A person who intentionally trips, fells, ropes, or lassos the legs of
a horse by any means for the purpose of entertainment or sport shall be
guilty of a third degree felony, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. As used in this subsection, "trip" means any act
that consists of the use of any wire, pole, stick, rope, or other apparatus
to cause a horse to fall or lose its balance, and "horse" means any animal
of any registered breed of the genus Equus, or any recognized hybrid
thereof. The provisions of this subsection shall not apply when tripping is
used:
(a) To control a horse that is posing an immediate threat to other
livestock or human beings;
(b) For the purpose of identifying ownership of the horse when its
ownership is unknown; or
(c) For the purpose of administering veterinary care to the horse.
