animal cruelty

Possible Animal Cruelty and A Bomb Threat

Andrew Stine — Wed, 25 Apr 2012 15:51:55 GMT

Animal Services is an organization given the responsibility to care for animals neglected or abused by their owners. It is often heart breaking to hear stories about animal service centers that are under investigations of animal cruelty. For animal lovers, it can be jarring to hear that an organization that is dedicated to helping defenseless animals is actually causing more harm than good. One man was outraged to hear that a dog had been euthanized way too soon - violating policy - and actually made several threatening phone calls to the Hernando County Animal Services, even making a bomb threat.

Animal Cruelty in Hernando County
Hernando County Commissioners are calling for an investigation into a situation that amplified into a bomb threat at the Hernando County Animal Services center. Zeus, an 8-month old mixed puppy was brought to Animal Services for adoption and surrendered by the owner. Company policy states that owner-surrendered dogs are kept for a minimum of seven days.

Zeus was euthanized less than an hour after he arrived. According to a WPTV News article, the staff at the animal services center said there was not enough space for Zeus to be held.

According to the article, once word got out that Zeus had been euthanized less than hour after arriving at the Hernando County Animal Services, frustrations boiled over and a message was left on the voicemail at the Animal Services office. The unidentified caller was outraged at the killing of the dog, and went on to threaten employees with a bomb.

"I'm going to place a bomb and kill everybody. Everybody that works there, I'm going to murder in retribution for this dog. I'm going to place an explosive device and just bomb that place," the caller explained.

Brooksville police are confident they will find the person who placed a total of six threatening calls. If found, the unknown caller is facing charges due to several harassing phone calls in addition to the bomb threat. According to the article, Hernando County Commissioners will address the issue of a possible investigation into Zeus's death Tuesday morning.

Animal Cruelty Defense

If you have been charged with animal cruelty, it is imperative you verse yourself well in the legal process. A criminal defense lawyer understands how the law has been changing constantly and will be up to date on the best possible defense strategy for your situation. The charges are very serious and a criminal defense lawyer can investigate your side of the story and ensure that you are represented with all possible evidence in court.

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Is Hoarding Considered Animal Cruelty?

Andrew Stine — Mon, 09 Apr 2012 16:32:00 GMT

Florida animal cruelty laws state very specifically that anyone who deprives necessary sustenance or shelter or treats any animal in a cruel or inhumane manner is guilty of a first-degree misdemeanor. So how does animal hoarding fit into this description? Charging an animal hoarder with animal cruelty can be tricky because people have the right to live the way they want. The issue is proving that the hoarder's living conditions is a direct threat to the health or life of the animal(s) in question. Several cases have been surfacing recently after the show "Confessions: Animal Hoarding" on Animal Planet has gained the attention of the populous.

Florida Animal Cruelty Laws

According to Statute 828.12: 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 by time in prison, by a fine of not more than $5,000, or both.

Animal Hoarding in Palm Beach County

Several cases of animal hoarding have been surfacing lately in Palm Beach County. According to WPTV News, Animal Care and Control crews spent two weeks removing nearly 50 cats living in a home in Sherwood Lakes.

The article states:

The manicured lawn and a back yard opening onto a lake belied the stacks of garbage bags and stench of urine inside the Sherwood Lakes home. Scores of cats scaled the trash heaps in what investigators are calling the biggest recent case of animal hoarding in Palm Beach County.

The townhome owner's living conditions were realized when she was hospitalized due to medical problems and she asked authorities to look after them. Authorities found two dead cats and 45 alive. Animal Care and Control Capt. David Walesky said the home's conditions were "very, very deplorable," according to the article and that it may be the worst hoarding case every seen in Palm Beach County.

Animal Care and Control is receiving more calls about hoarding as more people learn about the problem.

Animal Cruelty Defense

While animal hoarding is not in itself a crime, it is a mental condition that makes the hoarder believe he or she is not doing anything wrong and is in total control of the situation. The only way animal hoarding can be charged as animal cruelty is if the health or life of the animals is being threatened by the neglect of the owner, or the conditions the owner chooses to have the animals live in. If you have been charged with animal cruelty, contact a criminal defense lawyer today.

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Animal Cruelty in Fort Pierce

Andrew Stine — Fri, 30 Mar 2012 11:48:00 GMT

Animal cruelty laws in Florida are getting stricter. More and more animal sanctuary owner-operators are being charged with multiple counts of animal cruelty throughout Florida as law enforcement attempts to crack down on the crime. Animal cruelty is the deliberate harm or death of an animal cause by the intentional abuse or neglect of its owner or caregiver. Depending on the severity of the crime, animal cruelty can be charged as a felony with penalties including several years in prison.

Animal Cruelty in Fort Pierce

A former owner-operator of the Sanctuary Animal Refuge west of Fort Pierce is feeling the full extent of the law after being arrested Thursday and charged with 157 counts of animal cruelty. While this number is incredibly high, anyone can understand why her sentence is so severe after reading the report by WPTV News.

According to WPTV News, Palena Rae Dorsey was initially booked into the St. Lucie County Jail in February on first-degree grand theft charges. She is accused of using $262,000 from a trust intended for the care of the animals at the shelter to buy a home, two vehicles, electronics and several items from the Home Shopping Club and QVC, according to the St. Lucie County Sheriff's Office.

An additional 103 third-degree felony and 54 misdemeanor animal cruelty charges were added Thursday morning. On April 18, 2011, deputies responded to the Sanctuary Animal Shelter after being notified of possible animal abuse by animal control.

"Animals were found to be malnourished, had little to no vet care and were infected with numerous diseases including heart worms, hair loss, open and unhealed sores, dehydration, mange, diarrhea, flea infestation, bad teeth, root exposure and extreme weight loss," Mascara said in a release. According to the sheriff's office, 16 dogs were unable to recover their condition and had to be euthanized.

Each of Dorsey's 103 felony charges is punishable by five years in state prison. If convicted on these charges alone, that would add up to a maximum of more than 500 years in prison.

Animal Cruelty Defense

No matter how severe your charges, if you have been accused of animal cruelty, you need to speak with a criminal defense lawyer immediately. It is critical to the outcome of your case that you have a criminal defense lawyer investigate the situation in order to best represent you in court. Have an experienced criminal defense lawyer help you deal with your animal cruelty charges as soon as possible.

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Animal Cruelty Awareness in Florida

Andrew Stine — Fri, 10 Feb 2012 18:05:00 GMT

Governor Rick Scott has proclaimed this week, the week of February 4-12 as the fourth annual "Florida Week for the Animals." The awareness week is dedicated to promoting awareness for animals and to give recognition to the organizations throughout that fight for animal rights. There are events like pet adoption festivals, educational activities, and even a salute to working and search and rescue K-9's. These events are put together to celebrate the animals within our community, and shine the light on people who work to prevent animal cruelty.

Animal Cruelty Laws in Florida

According to Florida Statute 828.12., the crime of Animal Cruelty can be charged when:

A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, is guilty of a first- degree misdemeanor, punishable by a fine of not more than $5,000, or prison time.
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 is guilty of a third-degree felony, punishable by a fine of not more than $10,000, or prison time.

Veterinarians are immune from lawsuit due to a clause in the Florida Statutes that allow Veterinarians to perform their duties as necessary, without risk of being sued by the owner or the state.

Animal Cruelty Criminal Defense

There are dozens of organizations throughout the state of Florida that are dedicated to protecting animal rights. If you are in the unfortunate situation of being accused of the serious crime of cruelty to animals, you will be in the spotlight of not only the law, but several organizations as well. It is absolutely imperative that you contact a criminal defense lawyer immediately. Andrew D. Stine is a lawyer that is extremely well-versed in animal cruelty law. He loves animals and owns several, but understands how difficult it can be for clients who have been charged with this crime. Let an experienced criminal defense lawyer guide you through the legal process to come.

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Prison Terms for Animal Cruelty Charge

Andrew Stine — Fri, 09 Dec 2011 14:26:00 GMT

Animal cruelty is a charge that umbrellas several different definitions of crimes within the state of Florida. Animal cruelty charges can include animal neglect, felony or misdemeanor animal cruelty, and even animal fighting. Lake Worth man gets prison term for poor treatment of dogs. After a two-hour hearing, judge Miller sentenced Kipp to six months in jail and five years of probation. While he can keep the five dogs a judge returned to him and a bird and a cat he owns, Miller said he can't own any more animals for five years. Before trial, he rejected a plea deal that called for no jail time- reports Jane Musgrave, Palm Beach Post. Read excerpts from the story below:

WEST PALM BEACH — Even though a jury in April convicted him of three felony and 17 misdemeanor counts of animal abuse, Scott Kipp on Thursday insisted he loves dogs and that county officials over-reacted to the makeshift kennel he created at his Lake Worth storage yard.

And, just in case Palm Beach County Circuit Judge Karen Miller doubted his word, he called more than a dozen friends to attest to his stellar character and unflagging devotion to his dogs.

As more than 11 grim-faced county Animal Care and Control Officers looked on, Kipp's friends, including an Elvis impersonator, a former Marine and an aspiring singer, paraded to the podium in hopes of saving Kipp from a lengthy prison term.

"He loves his dogs. His dogs are his life," said Delray Beach resident Barbara Owens, echoing Kipp's other friends.

Lt. Daisy Harsch of Palm Beach County Animal Care and Control said citations dating back to 1992 paint a different picture. "He may portray himself as a humanitarian, and he may be toward humans, but with his animals, it's a totally different story," she told Miller.

Kipp's attorney Bryan Raymond said Kipp didn't deserve to be sent to jail. Prosecutors pushed for a five-year sentence.

After a two-hour hearing, Miller sentenced Kipp to six months in jail and five years of probation. While he can keep the five dogs a judge returned to him and a bird and a cat he owns, Miller said he can't own any more animals for five years. Before trial, he rejected a plea deal that called for no jail time.

Assistant State Attorney Angela Miller said agents have seen worse cases of abuse. But, she said, few have flouted the law for so long.

"The significance of him is the long-standing issues that Animal Care and Control kept bringing to his attention and he kept not correcting," she said.

Today's blog.....this is a great case for appeal.....

While most people feel anger when they hear or see about cases of Animal Cruelty remember there is still a right to a dedicated and knowledgeable attorney who can help stand between the accused and the anger. Pre-Trial motion practice is the most successful tool in the arsenal of an experienced criminal defense attorney. Experienced criminal attorney defense attorney, Andrew D. Stine, of West Palm Beach, Fl has this arsenal of tools at his disposal.

Motions to Suppress and Motions to Dismiss are just headings without the qualified experienced attorney handling your criminal Animal Cruelty or Neglect Cases. Was the search warrant properly issued is not where the work begins, because in Animal Cruelty Cases the search of real property is very sweeping and broad. Experienced Animal Cruelty Defense Attorneys’ realize that broad and sweeping distinction, and instead apply other legal principles to get animal cruelty cases reduced or dismissed. Motions to Dismiss in Animal Cruelty Cases are not ground in the argument that the State will not be able to carry their burden, like in most garden variety criminal cases. Instead in Animal Cruelty Cases, the Motion to Dismiss is grounded in “legal principles” and not factual issues.

Defending Animal Cruelty Cases is not for the inexperienced Attorney, who dabbles in garden variety criminal matters because with the wrong Attorney those accused of animal cruelty in the State of Florida end up behind bars.

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Animal Law Conference Next Tuesday

Andrew Stine — Wed, 09 Nov 2011 17:13:55 GMT

Animal law is evolving rapidly and the changes can be seen throughout the nation. The laws in South Florida changed to make the laws that protect animals much stricter, specifically the tethering laws. These new laws have seen a spike in animal cruelty arrests in the area, and the laws are only continuing to change.

Animal Law Conference

A live audio conference will be held on November 15 at 1:00 pm ET for a full hour and 30 minutes discussing the field of animal law. The conference is hosted by Lorman Educations Services and will discuss issues like litigation, legislation, and corporate/transactional work. It is important to understand how much animal law is changing and developing throughout the country and this conference can serve as a comprehensive introduction to the most popular topics in animal law and the changes that are being put in place.

Other topics will include issues involving dog bites, dangerous dogs, the new tethering laws, and even breed specific legislation. Animal law education is growing and supplementing the growth of animal law itself. Expanding your knowledge and familiarity with animal law is very important and this conference will provide with you with several cases as examples to help you gain a greater understanding of animal law as a whole.

Conference Agenda

Bruce Wagman, whose practice covers a wide range of litigation, legislative counseling and legal consultation, as well as teaching in multiple law schools, will provide a survey of highlighted areas and specific cases.

The conference agenda will include topics such as:

Animals in Entertainment
Animals in Research
Farmed Animals
Companion Animals

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Is Animal Cruelty a Misdemeanor or a Felony?

Andrew Stine — Fri, 07 Oct 2011 14:08:24 GMT

Animal cruelty is a charge that umbrellas several different definitions of crimes within the state of Florida. Animal cruelty charges can include animal neglect, felony or misdemeanor animal cruelty, and even animal fighting. All of these charges are extremely serious and can cost you prison time and expensive fines upon conviction.

Animal Cruelty in Florida

The three types of animal cruelty charges are animal neglect, felony and misdemeanor animal cruelty, and animal fighting.

Animal Neglect – animal neglect is considered to be the unlawful deprivation of necessities like food, water, or shelter. Animals must be provided with a reasonable amount of exercise and a change of air if they are confined according to Florida law. This kind of neglect can be charged as a first-degree misdemeanor punishable by a maximum of one year in prison and a $5,000 fine.
Misdemeanor Animal Cruelty – this crime is usually defined as the unlawful and unnecessary overloading, tormenting, mutilating, or killing of an animal. This crime is usually a first-degree misdemeanor punishable by up to one year in prison and a $5,000.
Felony Animal Cruelty – you can be charged with felony animal cruelty if you committed an act to an animal that results in cruel death or excessive or repeated infliction of unnecessary pain or suffering. This crime is extremely serious and can be punishable by up to 5 years in prison and a $10,000 fine.
Animal Fighting – Animal fighting is unfortunately very common in South Florida. The law prohibits a person from “baiting, breeding, transporting, selling, owning, possessing, or using any wild or domestic animal for the purpose of fighting.” The most common types of fighting especially in the state of Florida are dog fighting and cock fighting. It is also a crime to bet on or knowingly attend an animal fight. This is a third-degree felony punishable by up to 5 years in prison.

Animal Cruelty Criminal Defense

If you have been accused of animal cruelty, be very cautious because the State of Florida has been known to charge multiple counts of each offense depending on the number of animals involved in the crime. A criminal defense lawyer is the first person you should call after being arrested on animal cruelty charges.

A criminal defense lawyer is able to conduct a thorough investigation into your case and receive testimony from veterinarians and other animal owners. There are several additional effective defense strategies that a criminal defense lawyer can employ to help you get through this process with minimal damage.

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How Are the New Animal Cruelty Laws Affecting You?

Andrew Stine — Wed, 03 Aug 2011 13:36:55 GMT

The new tethering laws for animals have a lot of surprised people being visited by Animal Care and Control serving warnings. The new law prohibits people from leaving pets outside tied up without supervision. Neighbors are calling in at a much higher rate to report people who tie up their animals. The only problem is, many animals are not being mistreated but the owners are still receiving visits and warnings from Animal Care and Control.

Not Animal Cruelty

A Palm Beach County dog owner and her family received a surprising visit from Animal Care and Control. A concerned citizen had called to complain that Lisa Brown and her family had tied up their dog Sassy outside.

"She's good, she's perfectly taken care of, she's spoiled, and we love her to death," Brown said.

The family says they have never left Sassy unattended outside while tied to a tether. But Animal Care arrived to educate the family, and ended up giving them a warning.

Walesky says his officers have been kept busy by similar calls since this new animal tethering law was passed. The law prohibits people from leaving pets outside tied up without supervision. If a dog is left in a contained space like a fenced yard, they must have ample water and shade to keep them healthy and comfortable.

The Brown family is adamant that Sassy has a good home, and is well cared for.

The consequence for tethering an animal unattended ranges from a warning, a fine or even criminal charges, depending on the situation. To report abuse, call Animal Care and Control at 561-233-1200.

Animal Cruelty Criminal Defense

Have you ever been charged with animal cruelty for tethering your dog? If you have been compliant with the new laws passed and have still been criminally charged, you’re going to need help from a criminal defense lawyer. Because the law is so new, many people are unaware of the changes and specifications. A criminal defense lawyer can help you devise a defense strategy.

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