Animals rely on their owners to provide them with food, water, shelter, and veterinary care. Texas has laws in place to ensure that pets are not abused or neglected.
A conviction for animal cruelty in Texas is a Class A misdemeanor, for which the possible penalties include jail time of up to 1 year and a monetary fine of up to $4,000. Those with certain prior convictions may face enhanced penalties.
But unlike other crimes, the penalties for animal cruelty extend well beyond spending time behind bars and paying a fine. Individuals who are convicted of animal cruelty in Texas cannot own a pet for 5 years.
Imagine the pain of having to surrender or rehome a beloved cat, dog, or other pet.
If you’re facing accusations of animal cruelty, it’s essential that you take these charges seriously and understand your legal rights.
Learn more about what constitutes animal cruelty in Texas, defenses to these charges, and the importance of hiring an experienced animal cruelty attorney.
What Constitutes ‘Animal Cruelty’ in Texas?
Any one individual’s idea of what animal cruelty is and how Texas law defines it may differ. Note that the Texas Penal Code has specific definitions for what actions constitute “animal cruelty.”
Torturing, killing, poisoning, causing the animal to fight another animal, and various other causes of action are felony offenses.
There are separate laws addressing non-livestock and livestock animals.
What is Cruelty to a Non-livestock Animal in Texas?
According to § 42.092. Cruelty To Nonlivestock Animals, an individual breaks the law when he or she “intentionally, knowingly, or recklessly:”
“(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner’s effective consent, kills, administers poison to, or causes serious bodily injury to an animal;
(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person’s custody;
(4) abandons unreasonably an animal in the person’s custody;
(5) transports or confines an animal in a cruel manner;
(6) without the owner’s effective consent, causes bodily injury to an animal;
(7) causes one animal to fight with another animal, if either animal is not a dog;
(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or
(9) seriously overworks an animal.”
What is Cruelty to Livestock Animals in Texas?
According to § 42.09. Cruelty To Livestock Animals, an individual breaks the law when he or she “intentionally or knowingly:”
“(1) tortures a livestock animal;
(2) fails unreasonably to provide necessary food, water, or care for a livestock animal in the person’s custody;
(3) abandons unreasonably a livestock animal in the person’s custody;
(4) transports or confines a livestock animal in a cruel and unusual manner;
(5) administers poison to a livestock animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner’s effective consent;
(6) causes one livestock animal to fight with another livestock animal or with an animal as defined by Section 42.092;
(7) uses a live livestock animal as a lure in dog race training or in dog coursing on a racetrack;
(8) trips a horse; or
(9) seriously overworks a livestock animal.”
Defenses to Animal Cruelty Charges in Texas
After carefully reviewing the details of your case, an experienced animal cruelty attorney may recommend a defense strategy, including one or more of the following:
There is a lack of evidence. Perhaps the accuser wants to tarnish your reputation or make your life difficult, and is doing so by weaponizing the legal system.
The accuser doesn’t know the full story. For example, a dog may appear to be underweight and the accuser jumps to the conclusion that the animal is not being fed enough. When in fact, the dog has a documented medical condition and is under the care of a veterinarian.
The so-called “cruelty” was a legally protected action. For example, Texas law grants farmers and ranchers the right to protect their livestock animals and crops from damage or injury by other animals.
Attorney Kent Starr, Animal Cruelty Defense Attorney
Attorney Starr represents clients facing allegations of animal cruelty and other serious crimes. Not all attorneys have this experience, nor do they have the drive to fight for the best possible outcome of your case.
Some attorneys may tell you that these are tough charges, so you’d be wise to accept a plea bargain. They push for a plea bargain because they are inexperienced, lazy, or just want to process as many cases as possible, as quickly as possible.
Attorney Starr, on the other hand, is not intimidated by the prosecution, nor is he unmotivated. Just take a look at his client testimonials. You’ll see that he routinely defends clients for a year or more, for however long it takes to achieve the best possible outcome.
Attorney Starr is also willing to sit down with prospective clients and discuss the outcomes of similar cases; this is all a matter of public record.
And, Attorney Starr has the advantage of being a bail bonds attorney, which not all Plano law firms have the financial resources to do. If you’ve been arrested for animal cruelty, one phone call to his office can secure your release and start your criminal defense. Call Starr Law, P.C., today at 214-982-1408.
Resources
Texas Penal Code, Section 42.09 Cruelty To Livestock Animals
Texas Penal Code, Section 42.092 Cruelty To Nonlivestock Animals
Texas Penal Code, Chapter 12. Punishments
