Let’s look at misdemeanor violations.

Misdemeanor violations can cover the same types of cases as ordinances, plus others.  Misdemeanor violations are usually a criminal charge brought under a state law as opposed to a local enactment.

Traditionally, misdemeanor charges carry a greater penalty than ordinance violation.  The common misdemeanor penalties include:

• Up to a $1,000 fine (more for high or aggravated misdemeanors);
• Payment of state required taxes or surcharges;
• Up to one year in jail and or probation;
• And any other special conditions a judge may believe appropriate!

Note that the maximum jail time for typical local ordinance violations is 6 month.  However, it is up to 1 year for misdemeanors.

Be aware that in some States, misdemeanors can have mandatory minimum jail time.

In addition to misdemeanor violations being similar to the ordinance codes previously mentioned, many States have detailed Cruelty to Animal laws.  While each State’s Cruelty to Animal laws focus on mistreatment and maltreatment of animals, each State defines “cruelty” a little differently.

For example, in Georgia, “a person commits the offense of cruelty to animals when he or she causes physical pain, suffering, or death to an animal by any unjustifiable act or omission, or fails to provide to such animal adequate food, water, sanitary conditions or ventilation that is consistent with what a reasonable person of ordinary knowledge would believe is the normal requirement and feeding habit for such animal’s size, species, breed, age, and physical condition.” (See: O.C.G.A. 16-12-4).

In California, a person commits an act of animal cruelty when such person “overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor…”(See: Cal. Pen. Code Sec. 597.)

In Illinois, “No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal.”  Additionally, “No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure.”  Such treatment is deemed to be cruel. (See: Humane Animal Treatment Act: 510 ICLS 70.)

And in Texas, treating an animal in a “’Cruel manner’ includes a manner that causes or permits unjustified or unwarranted pain or suffering.”  It is a misdemeanor charge when a person:

• fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person’s custody;
• abandons unreasonably an animal in the person’s custody;
• transports or confines an animal in a cruel manner;
• without the owner’s effective consent, causes bodily injury to an animal;
• seriously overworks an animal (See: Texas Penal Sec. 42.092).

In Pennsylvania, cruelty is defined “wantonly or cruelly ill-treats, overloads, beats, otherwise abuses any animal, or neglects any animal as to which he has a duty of care, whether belonging to himself or otherwise, or abandons any animal, or deprives any animal of necessary sustenance, drink, shelter or veterinary care, or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal’s body heat and keep it dry…”  (See: 18 PA Cons. Stat. 5511 (c).)

As you can see from just a few examples, the definition of animal cruelty differs among the States.  While each State seeks to prevent what is ill treatment, mistreatment, or maltreatment of animals, each State defines things differently.

Also be aware that judges may impose and assign a variety of special conditions in misdemeanor cases.  These special conditions are often assigned on a case by case basis and are not specifically listed in the State law.

State misdemeanor 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.