Many Texans have regular interactions with animals, whether caring for a beloved pet or through work in the agriculture industry. Unfortunately, anyone who interacts with animals could face false allegations of animal cruelty.
Read on to learn more about how to best handle animal cruelty allegations, the Texas laws surrounding this matter, and how an animal cruelty attorney can help.
Accused of Animal Cruelty in Collin County, Texas? What Not to Do
If law enforcement, an animal rights group, or even a nosy neighbor accuses you of animal cruelty, know that you have legal rights. Here are three things you should not do.
Do not agree to a voluntary search of your property. Law enforcement may show up and ask to “take a look around” or “just check up on your dog.” It’s in your best interest to refuse unless they have a valid search warrant.
Do not speak to or otherwise engage with animal rights workers. Animal welfare agencies or rescues may reach out to you if they or someone else is “concerned” about your pet’s well-being. You do not have to speak to these people.
Do not voluntarily hand over your pet. Someone may act like they are doing you a favor and seem eager to help, but you can keep your pet unless law enforcement lawfully seizes the animal or there is other legal action, such as a court order.
The most important thing you can do if you’ve been arrested for, or even accused of, mistreating an animal is to call an animal cruelty defense attorney today. By the time law enforcement knocks on your door, they’ve likely already started to build a case against you. You need someone like Attorney Kent Starr to uphold your legal rights.
How Does Texas Law Define “Animal Cruelty”?
The Texas Penal Code has two statutes pertaining to animal cruelty: § 42.092. Cruelty To Nonlivestock Animals and § 42.09. Cruelty To Livestock Animals.
The two statutes vary slightly, but generally speaking, it is a crime to intentionally or knowingly:
- Torture or cause bodily injury to animal
- Fail to provide an animal with food and water
- Abandon an animal
- Transport or confine an animal in a “cruel manner”
- Cause two animals to fight
- Use a live animal as a lure in dog racing
- “Seriously overwork” an animal
- Trip a horse, unless necessary to provide veterinary care
Nonlivestock animals include domesticated pets, stray or feral cats and dogs, and any wild animal that was previously captured.
Livestock animals include animals raised for human consumption such as cattle and poultry, horses and donkeys, and most other hoofstock and fowl raised under agricultural practices.
An Animal Cruelty Conviction Can Result in Stacked Sentences
For example, an Animal Cruelty case has a maximum penalty of 2 to 10 years in prison with a $10,000 fine. But, if you’re accused of injuring or killing 10 animals, you can be charged and be looking at up to 100 years in prison. This is known as stacking, which is allowed for certain offenses/crimes committed in Texas including Animal Cruelty. This stacking concept is only applicable if each of the cases are filed as separate indictments.
In addition, according to § 42.107 of the Texas Penal Code, if you are convicted of an animal cruelty offense you will not be able to live with and/or have any pets for a period of five years after conviction.
Defenses to Animal Cruelty in Texas
There are several possible defenses to animal cruelty charges. After carefully reviewing the details of your case, Attorney Kent Starr may recommend a defense strategy.
The alleged cruelty never occurred. Someone fabricated a story to tarnish your reputation, seek revenge, or cause financial strain on your livestock business.
The accuser doesn’t know the full story. A pet or farm animal may appear “neglected” when in fact it has a documented medical condition and you are already providing appropriate veterinary care.
You were protecting your farm or ranch. Under certain circumstances, farmers and ranchers have the legal right to protect their livestock animals and crops from damage or injury by other animals.
Animal Cruelty in Texas: FAQs
Below are answers to frequently asked questions about Animal Cruelty in Texas. This information is an overview of the law and does not replace consulting an attorney about your specific case.
Is it illegal to tie a dog up in Texas?
It is perfectly legal to tie a dog up outside, so long as you meet the criteria outlined in § 821.102. Unlawful Restraint Of Dog; Offense of the Texas Health and Safety Code.
For example, dogs that are tied up “outside and unattended” must be in an area free of standing water and “excessive” animal waste. They must also have protection from the elements and access to drinking water. Furthermore, the tie-out can not be a chain or weighted and the dog must have a properly fitting collar.
There are some exceptions to the law, such as restraining a dog while camping, working on a farm, or doing certain training.
Unlawful Restraint of a Dog in Texas is a Class C misdemeanor, but those with certain prior convictions may face a Class B misdemeanor charge.
Is cockfighting a felony in Texas?
It’s important to know that cockfighting is a crime in all 50 states, but the laws do vary. In Texas, cockfighting is defined in § 42.105 of the Texas Penal Code as “any situation in which one cock attacks or fights with another cock.”
Some aspects of cockfighting in Texas are state jail felonies while others are misdemeanors. Even attending a cockfight as a spectator or allowing someone to use your property for cockfighting are crimes in Texas.
Is branding cattle legal in Texas?
Branding cattle is certainly a controversial topic, but the practice itself is legal. There are, however, several laws that govern branding. For example, brands must be registered with the local county clerk. Laws regarding branding are outlined in the Texas Agriculture Code, Chapter 144. Marks And Brands.
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 Mr. Starr’s drive to fight for the best possible outcome on your case.
Unmotivated or inexperienced attorneys may tell you that these are tough charges, so you’d be wise to accept a plea bargain. Mr. Starr, on the other hand, is not afraid to go to court, as he is not intimidated by the prosecution.
He pursues favorable case outcomes again and again for his clients — just take a look at his Google and Avvo reviews. Many clients note that Attorney Starr handled their cases for a year or more. This level of persistence is necessary for stackable charges like animal cruelty.
Mr. Starr also has the advantage of being a bail bonds attorney. 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 Health And Safety Code, Title 10. Health And Safety Of Animals
Texas Penal Code, Chapter 42. Disorderly Conduct And Related Offenses
