Executive Summary
- Animal cruelty encompasses intentional or negligent acts to an animal, such as mistreatment, withholding medical care, causing physical harm, leaving them in hot vehicles, interfering with working animals and unlawful killing.
- Exceptions to Arizona’s animal cruelty laws allow people to use poisoned bait to protect their livestock from dogs or predatory animals if they post visible warnings. They can also use poison to control rodents on their property.
- Animal cruelty in Arizona can result in misdemeanor or felony charges, depending on the details of the crime and whether it was aggravated. The penalties can range from fines to jail sentences.
- Consult a skilled attorney to find the best defense strategy for animal cruelty charges, such as arguing innocence for unintentional actions or claiming self-defense if the animal was harmed while protecting yourself or others.
Understanding Arizona’s Animal Cruelty Laws
Most animal abuse cases involve cats and dogs, but animal cruelty laws in Arizona extend to all domestic pets, service animals, working animals, livestock and poultry. Sometimes, animal cruelty is a felony in Arizona, but other times, it can result in misdemeanor charges; either way, it can carry significant fines, probation and even jail time.
Knowing about animal abuse laws in Arizona can help charged individuals and victimized pet owners make informed legal decisions that prioritize fairness and justice. Educate yourself on animal cruelty laws and consult a reliable law team like JacksonWhite Law to increase your chances of achieving the best possible outcome.
If you are being accused of animal cruelty, you should contact a trusted attorney experienced in criminal law to help you build a strong defense, especially if the animal abuse was unintentional, unknowing or in the name of self-defense. On the other hand, if you believe that one of your pets or animals is the victim of animal abuse, you should contact a qualified personal injury lawyer who can help you fight for restitution.
What Is Animal Cruelty?
Purposeful or careless acts that result in an animal’s pain, suffering or distress are considered animal cruelty in Arizona. Arizona statutes against animal cruelty cover domestic pets, service animals, working animals, cattle and poultry.
Animal cruelty laws continue to evolve to promote the well-being of pets, working animals and livestock. For example, the Animal Welfare Act has been amended several times since it was introduced to Congress in 1965, expanding to cover more situations, animal species and geographical locations.
Knowing your state’s animal cruelty laws can help you obtain the best possible outcome in the face of animal abuse, mistreatment or death. If you have been charged with animal abuse, you should contact a trustworthy criminal defense attorney immediately—having an expert in animal cruelty laws advocating for you in court is crucial. Alternatively, if you are the owner of a victimized animal, consult with our personal injury attorney.
Overview of Animal Cruelty Laws in Arizona
Animal cruelty is a generalized legal term that comprises various acts that result in an animal’s suffering, injury or death. Under ARS 13-2910, the following actions are considered animal cruelty when they are committed intentionally, knowingly or recklessly:
- Subjecting an animal under your custody or control to cruel negligence or abandonment.
- Failing to provide medical attention that is necessary to prevent protracted suffering to an animal under your custody or control.
- Inflicting unnecessary physical injury to an animal.
- Killing an animal under the custody or control of another person without legal privilege or consent of the owner.
- Leaving an animal unattended and confined in a motor vehicle when physical injury or death is likely.
- Subjecting an animal to cruel mistreatment.
- Interfering with, killing or harming a working or service animal.
- Allowing a dog under your custody or control to interfere with, kill or cause physical injury to a service animal.
- Obtaining or exerting unauthorized control over a service animal with the intent to deprive the handler of their services.
In most cases, these actions require intent, knowledge or recklessness to be considered animal cruelty. Therefore, an individual who unintentionally or unknowingly commits one of these actions may not be found guilty of animal cruelty.
Animal Abuse vs. Abandonment
Arizona’s animal cruelty laws cover both animal abuse and abandonment, two distinct but related concepts. Understanding the difference between animal abuse and abandonment can make it easier to understand what penalties someone might face after committing those crimes.
What is Animal Abuse?
Animal abuse is the deliberate or careless treatment of an animal to cause it pain, suffering or discomfort, including physical abuse, neglect, torture or any action that can lead to injury or death. Some examples of animal abuse include:
- Depriving a pet of food, water or rest.
- Neglecting to take an animal to the vet when it needs medical attention.
- Punching, kicking or striking an animal.
In addition to the examples above, any instance of animals being intentionally harmed could qualify as animal abuse.
What is Animal Abandonment?
Animal abandonment is when an individual in charge of an animal deliberately deserts it, either by putting it at risk of starvation or leaving it on its own. Some examples of animal abandonment are:
- Leaving an animal alone in a far-off place.
- Tying up a pet without food or water.
- Putting a crated pet somewhere dangerous, like the side of a highway.
Animal abandonment usually involves discarding a household’s pet, but it can apply to any animal that needs care, including livestock.
How Do Their Legal Penalties Vary?
Although both are forms of animal cruelty, animal abuse usually involves direct harm or neglect, while animal abandonment refers to someone leaving an animal in hazardous circumstances.
Arizona’s laws regarding animal abuse and abandonment can result in different charges and accompanying consequences based on the circumstances and seriousness of the offense. Depending on the degree of harm caused, the offender’s intent and whether the incident was aggravating and involved several animals or prior offenses, both offenses can range from misdemeanors to felonies.
Exceptions to the Law
There are some notable exceptions to Arizona’s animal cruelty laws. ARS 13-2910 states that the following scenarios may be exempt from legal consequences.
Protecting Livestock
When a dog or predatory animal kills or wounds livestock, the property owner, controller or lessee can place poisoned bait on the property to protect their livestock.
The owner, controller or lessee must post adequate warnings to people who enter the property from the time the poison is placed until it is removed. The warning must be readable at least 50 feet away and include a poison statement, the poison symbol and the word “danger” or “warning.”
Rodent Abatement
Property owners, lessees and controllers may place poison in and immediately around their buildings to control wild and domestic rodents. However, Arizona is not allowed to poison the following fur-bearing animals that are defined in section 17-101:
- Badgers
- Beavers
- Bobcats
- Muskrats
- Otters
- Raccoons
- Ringtail cats
- Weasels
Fishing and Hunting
One may not be guilty of animal cruelty if they kill an animal while participating in approved hunting or fishing activities, which the Arizona Game and Fish Department governs. To participate, residents are expected to have updated hunting licenses, hunt within the specified dates, kill only approved animal species and abide by all other guidelines.
Although the situations above can be exempt from the regulations established in Arizona’s animal cruelty laws, you may still benefit from consulting a trusted attorney before conducting those activities.
Potential Penalties for Animal Cruelty in Arizona
Depending on the circumstances of the crime, animal cruelty can result in either a class 1 misdemeanor, a class 6 felony or a class 5 felony.
Possible Penalties for a Class 1 Misdemeanor
ARS 13-707 outlines a class 1 misdemeanor, explaining that it is punishable by up to six months in jail. A class 1 misdemeanor can also result in three years of probation and $2,500 in fines.
Possible Penalties for Class 5 or 6 Felonies
ARS 13-702 states that a class 6 felony can carry a maximum sentence of two years in aggravated cases, while an aggravated class 5 felony carries a 2.5-year max sentence. Some examples of aggravating factors are:
- Showing a lack of remorse.
- Having a tendency to re-offend.
- Committing the crime in front of a child.
Aggravated factors, like the examples above, can increase the potential jail sentence. Charged individuals should have an experienced criminal defense attorney to help avoid aggravated charges and obtain the best possible results.
Potential Defenses Against Animal Cruelty Charges
There are several potential defenses that you can present when you’re charged with animal cruelty. Working with an experienced criminal law attorney to determine the best strategy and represent you in court is best. Still, the following defenses are commonly seen in animal cruelty cases.
Proving it Was Accidental
One of the best defenses against animal cruelty charges is to prove that you did not act knowingly, intentionally or recklessly. Arizona’s animal cruelty laws hinge on these three states of mind, so as long as you acted unknowingly or unintentionally harmed or killed the animal, you may be declared innocent.
Proving it Was Not Due to Recklessness
You must prove that you weren’t reckless if you acted intentionally or knowingly. For example, if you made a logical decision to humanely put down your pet when they were terminally ill or injured, you may not be guilty of animal cruelty.
Proving it Was in the Name of Self-Defense
Self-defense is another common defense in animal cruelty cases. As long as you were defending yourself or another person, then harming or killing the animal in question may be justified.
Proving Cruelty Did Not Cause the Animal’s Condition
Demonstrating that the animal’s condition resulted from pre-existing medical conditions rather than from abuse or neglect may be enough to relieve yourself of legal penalties.
Proving Legal Justification
If you can show that your actions were legally justified, you may be able to avoid penalties. For example, if you are following veterinary advice and euthanizing a suffering animal humanely, you may be found innocent.
Proving it Was an Emergency
You may be found innocent if your actions were taken during an emergency to prevent more significant harm. For example, if an immobile deer is suffering on the side of a road, you may be justified in putting it out of its misery.
Although the defenses above have the potential to be successful in a court of law, each situation has nuances that may require a unique approach. Additionally, it is best to educate everyone on animal cruelty to minimize these awful situations altogether.
Animal Cruelty Prevention and Education
The best way to prevent animal cruelty is through education. Countless animal welfare organizations around the United States implement strategies to increase public awareness, supply resources and encourage community involvement to decrease cases of animal cruelty.
If you are a pet owner, you should consult veterinarian advice, professional-led training courses and reliable educational materials to minimize the risk of your pet experiencing animal cruelty. These programs frequently emphasize appropriate diet, medical attention and behavior control to ensure your pet is well taken care of and not put in dangerous situations with others.
How to Report Animal Cruelty
People can typically report suspected animal abuse to law enforcement, the Arizona Humane Society or local animal control authorities. These organizations usually investigate allegations of abuse, save endangered animals and help prosecute those who violate the law regarding animal cruelty.
Arizona residents can get involved in anti-animal cruelty efforts by joining community projects and events hosted by organizations like the Animal Defense League of Arizona. Many statewide services and opportunities to advocate for animal cruelty prevention are available to Arizona residents.
Don’t Face Animal Cruelty Charges Alone
Breaking animal cruelty laws in Arizona is a serious offense. Occasionally, animal cruelty comes with misdemeanor charges; at different times, animal cruelty is a felony in Arizona, meaning it can carry heavy legal ramifications, such as fines, probation and even jail time. Therefore, if you’re charged with animal cruelty, you should consult a skilled criminal defense attorney with experience with cases regarding animal abuse laws in Arizona. With competent legal representation and court advocacy, a talented attorney can help you achieve the best outcome possible.
If you have been charged with animal cruelty, call the JacksonWhite Criminal Law team at (480) 351-0015 to discuss your case today.
Moreover, if you are an owner of an animal that you believe is the victim of animal cruelty, you should talk to a qualified personal injury attorney to increase your chances of receiving fair restitution for the animal’s suffering. Animal cruelty cases in Arizona can be very complex, but a reliable law team can facilitate each step of the process.
If your pet is the victim of animal cruelty, call our Personal Injury team at (480) 744-3989 to discuss your case today.
FAQs on Animal Cruelty Charges in Arizona
The following examples are some of the most commonly asked questions from individuals learning about animal cruelty laws in Arizona.
How Many Years Can You Go to Jail for Animal Abuse?
Most animal abuse cases are class 1 misdemeanors, which carry a maximum jail sentence of six months. Serious animal abuse cases may be upgraded to a class 6 (2 years maximum sentence) or a class 5 felony (2.5 years maximum sentence).
Do You Go to Jail if You Kill an Animal in Self-Defense?
Killing or injuring an animal in self-defense is usually not considered animal cruelty. The animal’s owner may try to press charges against you, but you may be found innocent if you acted in self-defense.
Is It Illegal to Kill Cats or Dogs?
It’s technically legal to put down a terminally ill pet as long as the action doesn’t involve protracted suffering—in other words,the pet must die instantly. That said, it’s best to take terminally ill pets to the veterinarian to be euthanized rather than putting them down yourself.
Is It Illegal to Kill Feral Cats in Arizona?
Arizona’s animal cruelty laws prohibit killing feral cats. However, you can trap feral cats and take them to an animal shelter for adoption or euthanasia. There are also organizations like the Foundation for Homeless Cats that support initiatives to address the issue of feral cats with non-lethal approaches.
How Long Before a Pet Is Considered Abandoned?
There is no specific time period for a pet to be considered abandoned. As soon as the owner intentionally, knowingly or recklessly abandons the pet, they’re guilty of animal cruelty.
What Is Cruel Negligence?
Cruel negligence occurs when an individual fails to provide food, water or shelter to an animal in their custody or control.
What Is Cruel Mistreatment?
Cruel mistreatment is when an individual tortures an animal, inflicts an unnecessary, severe physical injury or kills an animal in a manner that causes protracted suffering.
What Is a Service Animal?
A service animal is an animal that has completed a formal training program and assists its owner in one or more daily living tasks associated with a productive lifestyle. The service animal must be properly trained not to pose a danger to the health and safety of the general public.
What Is a Working Animal?
Working animals are dogs and horses used by law enforcement, who are specially trained for law enforcement work and are under the control of a handler.
Is Animal Fighting Considered Animal Cruelty?
Animal fighting is technically considered animal cruelty, but it’s separately addressed under ARS 13-2910.01. Participants in animal fights may be charged with a class 5 felony, while those in attendance of an animal fight may be charged with a class 6 felony.
