Finally, let’s consider felony charges.

The third type of criminal charge is a Felony.  This is also the most serious type of criminal charge.

Traditionally, felony charges carry a greater penalty than ordinance violations and misdemeanors.  The common felony penalties include:

• Not less than a $1,000 fine;
• Payment of state required taxes or surcharges;
• At least one year in prison and or probation;
• And any other special conditions a judge may believe appropriate!

Note that the maximum jail time for felony charge can be very lengthy, especially in repeat offense cases.  Also be aware that in some States felony cases have mandatory minimum prison time.

Also note that the traditional, basic felony fine is at least $1,000.  The fine amounts, however, can be extraordinarily high in felony cases.

Cases typically deemed to be felonies involve exceptionally bad or egregious instances of animal cruelty. Felonies can carry significant penalties.

For example, in Arizona, “Intentionally subjecting an animal to cruel neglect, mistreatment or killing…” is a felony.  This felony charge carries a penalty of a minimum six months in prison up to a year and a half for first offense, and up to $10,000 fine.  The possible prison time increases with repeat offenses.  If Arizona deems the charge a “dangerous” class 6 felony, the minimum prison time is greater and may not be converted into probation. (See generally: ARS§ 13-2910/ ARS §13-704/ ARS §13-604).

In Colorado, a charge of aggravated cruelty is a felony.  The act of “Aggravated Cruelty” in Colorado occurs when a person “Knowingly tortures, needlessly mutilates, or unnecessarily kills an animal.”  Under Colorado law, this qualifies for a Class 6 felony that carries a maximum fine of $100,000, minimum 90 days in jail, and a maximum 18 month in jail.  Repeat offenses carry greater penalties.  (See generally: CRS §18-9-202) / CRS § 18-1.3-401/ CRS § 18-1.3-501).

In Illinois, aggravated animal cruelty is defined as “No person may intentionally commit an act that causes a companion animal to suffer serious injury or death.” Animal torture is defined as the “infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the animal.” (See: 510 ILCS 70/3.02; 70/3.03).

These acts are deemed felonies and can carry penalties from 1 to 5 years in prison and up to a $25,000 fine, plus a number of special conditions, including, but limited to, mandatory psychiatric or psychological evaluations.

Please be aware that there are specific laws and substantial penalties for injuring or interfering with service and companion animals as well as for injuring or interfering with animals used for law enforcement purposes.

Also understand that judges may impose a variety of special conditions.  These special conditions are often in addition to any fine and fee payments.  These special conditions are typically not specifically listed in the State law.

State felony charges and crimes, and the possible range of penalties, vary from State to State.  It is important that you check your State laws, or contact a lawyer, to learn about your charges and to determine the current maximum penalties allowed by law.

While there are no similar federal animal cruelty laws, the Federal Bureau of Investigations (FBI), in 2016, started collecting specific information from State and local law enforcement agencies on animal cruelty cases as they do for other major felony crimes.

In discussing ordinance, misdemeanor, and felony penalties, it was noted there are other conditions that a judge may impose what are called special conditions.

These special conditions are often part of a judge’s discretion and vary widely.  Some states mandate particular conditions in addition to fines and jail time.  Special conditions are usually tailored to each particular case.

Special conditions can require a person to do many things including, but not limited to:

• Paying restitution
• Performing community service hours
• Taking training classes for the pet and the pet owner
• Limiting the number of pets an owner may keep
• Sending the pet to impound
• Removing the pet from the local jurisdiction
• Destroying or euthanizing the pet
• Making the defendant undergo psychiatric or psychological evaluations
• Prohibiting future pet and animal ownership
• Any other special conditions a judge may believe appropriate in a specific case!

While there are many kinds of special conditions a judge can order, Restitution is very common.  Sometimes restitution is even required by law.

Restitution is commonly defined as payment for all special damages suffered by a victim.  These special damages include, but are not limited to, emergency room charges, hospital and doctor bills, other medical costs, veterinary bills, property replacement costs, and other specific losses that were caused by the criminal act or violation.

Restitution, however, typically does not include general claims for pain and suffering, mental anguish, or any type of punitive damages.  The non-specific types of damages may be recoverable through a separate civil law suit.

If you have questions about whether an ordinance, misdemeanor or felony violation has occurred please check your local codes and laws.  These may be found on line through your city, county or State website.  An internet search into municipal codes and states laws in your area will also help locate your local laws.  You may also contact a lawyer in your area.  Legal Aid groups and public defenders may also be available for low income or indigent defendants.

That concludes the discussion on criminal violations – ordinances, misdemeanors, and felonies. Please click below to either restart the module or go to the section test.