In Weld County, neglect, abandonment, or abuse of an animal that you are responsible for can lead to being charged with Cruelty to Animals. As a good example, in Arapahoe County, the owners of seven horses and a llama could be charged with Cruelty to Animals, C.R.S. 18-9-202, for neglecting to adequately care for their animals. Police were called to the home and found all the animals to be malnourished and without access to food and water. It was also reported that the llama’s hair was so matted that the llama couldn’t move properly. Below, our top Animal Abuse attorneys discuss Cruelty to Animals and how we can help you if you have been charged with this crime. If you are facing Animal Cruelty charges in Larimer County or Fort Collins, you can find help with your case here.
Legal Definition of Animal Cruelty, C.R.S. 18-9-202, in Weld County
In Weld County, the legal definition of Animal Cruelty, C.R.S. 18-9-202, is:
A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.
(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.
(1.5)(a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.
(b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal.
(c) A person commits cruelty to a service animal or a certified police working dog or certified police working horse if he or she violates the provisions of subsection (1) of this section with respect to a service animal, certified police working dog, or certified police working horse, as those terms are defined in section 18-9-201 (2.3), (2.4), and (4.7), whether the service animal, certified police working dog, or certified police working horse is on duty or not on duty.
This statute is broad and left up to interpretation of the Greeley Police, Weld County Humane Society, and the District Attorney. This is why it is important that you have an experienced criminal defense attorney fighting for you if you have been charged with Cruelty to Animals. When the district attorney works to unfairly convict you of a Cruelty to Animals charge, it is essential that you have a lawyer on your side to protect you and your future. Felony charges can easily be filed.
Examples of Cruelty to Animals in Greeley, Colorado
Because the law on Cruelty to Animals is broad, many Greeley pet owners are concerned that they may be criminally charged if they leave their dog outside for too long or discipline them too harshly. However, the law does have clear boundaries of abuse, neglect, or abandonment. Here are some examples of animal abuse that could lead to being charged with Cruelty to Animals:
- Beating a dog or another animal with a piece of wood
- Starving a hamster, bird, or cat by not giving them food or water
- Abandoning a dog or cat on the highway
- Bestiality with livestock or other animals
Sentence and Penalties for Cruelty to Animals in Weld County
In Weld County, the sentence for a first-time Cruelty to Animals offense is a class 1 misdemeanor with penalties of up to 364 days in the Weld County Jail and $1,000 in fines. Depending on the circumstances, the Court may impose anger management or mental health treatment instead of or in addition to time at the Weld County Jail. In any case, the defendant will be subject to paying for and undergoing an evaluation after being charged with Cruelty to Animals. This evaluation allows the Weld County Court to determine the most appropriate sentence and treatment program for the defendant.
Second or subsequent offenses are a class 6 felony with penalties of 1 – 1 ½ years in a Colorado State Prison, $1,000 – $100,000 in fines, anger management or mental health treatment, a court order not to have pets for 3 – 5 years, and 1 year of mandatory parole after the prison sentence. The defendant may also be sentenced to probation or a deferred sentence instead of a Colorado prison as an alternative sentence.
What is Aggravated Cruelty to Animals in Greeley Courts?
Someone is convicted of Aggravated Cruelty to Animals, if they “knowingly torture, needlessly mutilate, or needlessly kill an animal.” This is a Class 6 felony, subject to from 1yr – 18 months in the Colorado Department of Corrections, with 1 year of Parole. Judges are required to give 90 days in the Weld County Jail time or 90 days in-home detention, for a felony conviction.
Why Hire a Top Windsor, Colorado, Attorney for an Animal Abuse Charge?
Having a top Windsor and Greeley Animal Abuse attorney representing you is essential when facing Cruelty to Animals charges. Even a misdemeanor conviction can lead to time in the Weld County Jail, large fines, and an anger management or mental health treatment program. The attorneys at the O’Malley Law Office have over 30 years of experience and can help you navigate the charges you are facing, getting you the best possible outcome in your case.