What Laws Pertain to Animal Abuse and Cruelty?
Penal Code section 597 pertains to animal abuse and cruelty. It is illegal under Penal Code section 597 for an individual to maliciously kill, harm, maim, or torture an animal.
What Are the Penalties for a Violation of Penal Code Section 597?
The penalties associated with a violation of Penal Code section 597 are treated as a wobbler. In other words, a violation of this penal code can be charged as either a misdemeanor or felony. Should the prosecuting agency decide to treat the violation as a misdemeanor, an individual can face up to one year in county jail and may pay fines of up to $20,000. On the other hand, should the prosecuting agency decide to treat the violation as a felony, an individual may face up to three (3) years in state prison and may pay fines of up to $20,000.
What Does Maiming Mean for Purposes of Penal Code Section 597?
For purposes of Penal Code 597, maiming refers to the act of intentionally disabling or disfiguring an animal in a manner that results in permanent damage. This includes the deliberate removal or permanent impairment of a limb, organ, or any other body part of the animal.
What Does Torture Mean for Purposes of Penal Code Section 597?
For purposes of Penal Code 597, torture refers to any intentional act, failure to act, or neglect that inflicts unnecessary physical pain or suffering on an animal. This includes actions or omissions that cause harm beyond what is necessary for the animal’s care or treatment.
What Act Qualifies as Acting Maliciously for Purposes of Penal Code Section 597?
The acts that qualify as acting maliciously for purposes of Penal Code 597 involve an individual intentionally committing a wrongful act with the specific purpose of causing harm or injury. These acts are carried out with deliberate intent to inflict damage or suffering.
Does a Violation of Penal Code Section 597 Impact Immigration?
A violation of Penal Code section 597 may impact immigration status. California courts rule that serious cases of animal abuse can result in deportation, though this depends on the facts of the matter to determine its seriousness.
Can an Individual Get an Expungement for a Conviction Under Penal Code Section 597?
Yes, an individual can have their conviction of Penal Code section 597 expunged if they establish the following:
- The conviction was for misdemeanor abuse; and
- The defendant successfully completed either their jail term or probation.
Please note that an expungement for a felony conviction does not qualify for an expungement.
Los Angeles Criminal Defense Attorney
If you facing charges under Penal Code 597, contact KAASS LAW at (310) 943-1171 for a free consultation.
Aggravating and Mitigating Factors in Animal Cruelty Cases
Aggravating factors may include:
- repeat offenses
- use of a weapon
- committing cruelty in the presence of children
These circumstances may influence the prosecutor’s decision to classify the offense as a felony. On the other hand, mitigating circumstances may include:
- the absence of a criminal record
- the presence of mental illness
- the defendant’s cooperation with law enforcement
Such factors may contribute to a more lenient sentence. Therefore, it is critical that the defendant consult with an experienced criminal defense attorney. The attorney will help determine whether there are mitigating circumstances in a particular case.
Related Crimes and Additional Charges
In addition to Section 597, California law provides other statutes governing liability for animal cruelty.
1. Section 597.1 applies when animals are kept in conditions that endanger their life or health.
2. Section 597.5 makes it a crime to participate in the organization or conduct of animal fighting.
In addition, when cruelty to animals is accompanied by other criminal acts, such as:
- trespassing on private property
- endangering life
- causing damage to third parties
The prosecutor may bring additional charges. This can significantly increase the length of possible incarceration.
Criminal Record and Future Implications
A criminal record under Section 597 can have serious consequences for a person’s future. In addition to jail time and fines, such an offense can affect immigration status. Serious cases of animal cruelty can be considered “crimes of moral turpitude. This is grounds for deportation.
Consult an Attorney
If you have been charged under California Penal Code Section 597, it is important to seek legal help immediately. Contact KAASS LAW at 844-522-7752 for a free consultation to protect your rights.