Cruelty to animals is a serious offense in Oklahoma, and it can be classified as a felony under certain circumstances. The state has enacted stringent laws to protect animals from abuse, neglect, and mistreatment, reflecting a strong stance against animal cruelty. Knowing the criteria for the different types of animal cruelty charges is important to anyone who’s facing charges.
Types of Animal Cruelty and Penalties
Details on animal cruelty laws in Oklahoma are under Title 21, Section 1685 of the Oklahoma Statutes. These laws define what constitutes animal cruelty and outline the penalties for such offenses.
Basic Cruelty to Animals:
- Definition: This includes willfully or maliciously torturing, mutilating, killing, overworking, or otherwise abusing an animal. It also covers neglect, such as failing to provide necessary food, water, or shelter.
- Penalties: Basic cruelty to animals is generally classified as a misdemeanor for first-time offenses.
Aggravated Animal Cruelty:
- Definition: Aggravated animal cruelty involves more severe acts of abuse or cruelty, often resulting in serious injury or death to the animal. This can include repeated offenses or particularly egregious acts of cruelty.
- Penalties: Aggravated animal cruelty is classified as a felony. Convictions can result in significant penalties, including imprisonment for up to five years and/or fines up to $5,000.
Cockfighting and Related Activities:
- Definition: Engaging in, organizing, or promoting cockfighting or any other similar activities where animals have to fight.
- Penalties: Such activities are felonies and can lead to severe penalties, such as imprisonment for up to ten years and/or fines up to $25,000.
Animal Hoarding:
- Definition: Keeping an excessive number of animals in conditions where their health and well-being are at risk due to neglect.
- Penalties: While often initially treated as a misdemeanor, severe cases of animal hoarding can escalate to felony charges, especially if significant harm to the animals is evident.
Classification of Offenses for Cruelty To Animals
Several factors can influence whether animal cruelty charges are a misdemeanor or a felony:
- Severity of the Act: The more severe and intentional the act of cruelty, the more likely it is to be a felony.
- Extent of Harm: If the animal suffers serious injury or death, felony charges are more likely.
- History of Offenses: Repeat offenders or those with a history of animal cruelty are more likely to face felony charges.
- Number of Animals Involved: Cases involving multiple animals or widespread neglect can elevate the charges to a felony level.
Any time you’re facing charges, whether a felony or a misdemeanor, it’s important to work with a criminal defense attorney.
Legal Defenses Against Cruelty To Animals
Individuals accused of animal cruelty in Oklahoma can employ various legal defenses, including:
- Lack of Intent: Arguing that there was no intention to harm the animal and that any injury was accidental.
- Mistake of Fact: Demonstrating that the accused was unaware of the harm being caused.
- Necessity: Justifying the actions taken as necessary to prevent greater harm or in a situation of emergency.
While these are just some potential defenses, your criminal attorney in Wagoner County will be able to tell you about the best options for your situation.
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Wagoner Criminal Defense Attorneys
In conclusion, cruelty to animals can be classified as either a misdemeanor or a felony in Oklahoma, depending on the severity of the act and the circumstances surrounding it. Basic acts of cruelty might result in misdemeanor charges, however, more severe, repeated, or particularly egregious acts of cruelty are treated as felonies, carrying significant penalties including imprisonment and fines.
Luckily, our team here at Kania Law Office – Wagoner Attorneys is comprised of skilled criminal defense attorneys who can look at your case and provide your best defense options. If you need help, reach out to us at 918-283-7394 or ask a question online.
