Dallas Animal Cruelty Lawyer | Animal Abuse Defense
Dallas Animal Cruelty Lawyer, Serving Dallas and North Texas
People are passionate about pets. So, when accusations of animal cruelty or animal abuse surface in Dallas, it’s not uncommon for the case to make headlines. But what if you’re the one who’s accused? If you find yourself in this situation, it’s essential to seek an experienced Dallas animal cruelty lawyer who is skilled at defending these highly-emotional cases and adept at media relations.
At Varghese Summersett, we understand that being accused of animal cruelty is a very serious offense that could negatively impact your life and livelihood. We also know that these cases often hinge on disputed facts and highly-charged emotions. Our Dallas animal cruelty lawyers have the experience and skill to navigate these waters and fight for the best possible outcome in your case.
In this article, we will explain the animal abuse offenses in Texas, possible punishments, and potential defenses.
What qualifies as animal cruelty in Dallas?
In Texas, it is illegal to torture, poison, abandon, or cruelly confine an animal. Two main laws in the Texas Penal Code criminalize animal cruelty – one for domestic animals and the other for livestock animals:
- Section 42.092 of the Texas Penal Code, titled “Cruelty to Nonlivestock Animals,” applies to animals such as dogs, cats, and rabbits – generally animals that are kept as pets.
- Section 42.09 of the Texas Penal Code, titled “Cruelty to Livestock Animals,” applies to animals such as cows, pigs, horses, goats – animals that are generally used for raising, selling, or producing food.
We will discuss each offense more in depth below and specify whether the act is a felony or misdemeanor.
What is considered Cruelty to Nonlivestock Animals in Dallas?
In Texas, a person commits cruelty to nonlivestock animals if he or she intentionally, knowingly, or recklessly:
- fails to provide necessary food, water, care, or shelter to an animal in their custody (misdemeanor);
- seriously overworks the animal (misdemeanor).
- abandons an animal in their custody (misdemeanor);
- transports or confines an animal in a cruel way (misdemeanor);
- causes bodily injury to an animal without the consent of the owner (misdemeanor);
- causes one animal to fight with another animal (state jail felony);
- uses a live animal as a lure in a dog race (state jail felony);
- tortures an animal, or in a cruel manner kills or causes serious bodily injury to an animal; (state jail felony);
- poisons, kills, or causes serious bodily injury to an animal without the consent of the owner (state jail felony);
What is considered Cruelty to a Livestock Animal in Dallas?
In Texas, a person commits cruelty to a livestock animal if he or she intentionally or knowingly;
- seriously overworks a livestock animal (misdemeanor)
- fails to provide necessary food, water, or care for a livestock animal in their custody (misdemeanor);
- abandons a livestock animal in their custody (misdemeanor);
- transports or confines a livestock animal cruelly or unusually (misdemeanor);
- poisons a livestock animal without the consent of the owner (state jail felony);
- causes a livestock animal to fight with another animal (state jail felony);
- uses a live livestock animal as a lure in a dog race (state jail felony);
- trips a horse (state jail felony);
- tortures a livestock animal (state jail felony);
What is the punishment for animal cruelty in Dallas?
Animal cruelty charges can either be a state jail felony or a Class A misdemeanor in Texas. The punishment depends on how the case is charged. A Class A misdemeanor is punishable by up to one year in jail and a maximum $4000 fine.
The misdemeanors are:
- fails to provide necessary food, water, care, or shelter to an animal in their custody (non-livestock);
- seriously overworks the animal (non-livestock).
- abandons an animal in their custody (non-livestock);
- transports or confines an animal in a cruel way (non-livestock);
- causes bodily injury to an animal without the consent of the owner
- seriously overworks a livestock animal
- fails to provide necessary food, water, or care for a livestock animal in their custody
- abandons a livestock animal in their custody
- transports or confines a livestock animal cruelly or unusually
The state jail felonies are:
- causes one animal to fight with another animal
- uses a live animal as a lure in a dog race
- tortures an animal, or in a cruel manner kills or causes serious bodily injury to an animal;
- poisons, kills, or causes serious bodily injury to an animal without the consent of the owner
- poisons a livestock animal without the consent of the owner
- causes a livestock animal to fight with another animal
- uses a live livestock animal as a lure in a dog race
- trips a horse
- tortures a livestock animal
A state jail felony is punishable by six months to two years in a state jail facility and a maximum $10,000 fine.
The punishment can be enhanced further if you have been convicted of animal cruelty in the past. For example, if you have been convicted of cruelty to animals twice before, the punishment is a third degree felony punishable by up to 10 years in prison and a maximum $10,000 fine.
Is it illegal to leave an animal outside in the snow or extreme heat in Texas?
Yes, it can be illegal to leave a livestock or non-livestock animal out in the cold or extreme heat. Under Texas law, it is illegal to fail to provide necessary food, water, care or shelter – so leaving an animal without proper shelter against the elements is a Class A misdemeanor punishable by up to a year in jail and a $4,000 fine.
What is unlawful restraint of a dog?
Unlawful restraint of a dog is a new law that went into effect in 2022. Section 821.102 of the Health and Safety Code says that an owner cannot leave a dog restrained unless the owner provides the dog access to:
- adequate shelter;
- an area that allows the dog to avoid standing in water or waste;
- shade from direct sunlight; and
- potable water.
The law further states that the owner cannot restrain a dog with a restraint that:
- is a chain;
- has weights attached
- is shorter in length than the greater of either five times the length of the dog or 10 feet;
- is attached to a collar or harness that is not fitted properly.
Unlawful restraint of a dog is a Class C misdemeanor punishable by a $500 fine. However, if the person has been previously convicted, it is a Class B misdemeanor punishable by up to 180 days in jail and a maximum $2,000 fine.
Is dogfighting illegal? What about cockfighting?
Yes, in Texas, it is a felony to intentionally cause an animal to fight with another animal. Dogfighting is criminalized under Section 42.092 of the Texas Penal Code. Cockfighting actually has its own statute – Section 42.105 of the Texas Penal Code – which makes it a state jail felony to cause a cock to fight with another cock.
What are possible defenses to animal cruelty charges in Dallas?
A common defense to animal cruelty charges in Dallas is a lack of intent or knowledge. Sometimes, animal cruelty charges stem from accidents, mistakes, misunderstandings, mental health issues, or lack of proper education.
Other possible defenses include self-defense or defense of property. Sometimes animals are injured or killed by property owners who are trying to protect themselves, their own pets or livestock, or property from a dangerous animal.
There are also affirmative defenses to animal cruelty charges, including that the animal was killed during a bona fide experiment for research or in support of wildlife management.
A skilled Dallas animal cruelty lawyer will review your case’s specific facts and evidence to determine the best legal defense.
Accused of animal abuse in Dallas? Speak to a Dallas animal cruelty lawyer today.
If you are accused or under investigation for animal cruelty, it is essential to speak with an experienced Dallas animal cruelty lawyer as soon as possible. As mentioned, a conviction can have serious consequences, including jail time, fines, and a criminal record. Our team will work tirelessly to protect your future and your reputation. Call 214-903-4000 to speak with a skilled Dallas animal cruelty lawyer today.
