• Fail to provide an animal with adequate care.
• Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven, worked, or beaten.
• Carry or cause to be carried in or upon a vehicle or otherwise any live animal having the feet or legs tied together, other than an animal being transported for medical care, or a horse whose feet are hobbled to protect the horse during transport or in any other cruel and inhumane manner.
• Carry or cause to be carried a live animal in or upon a vehicle or otherwise without providing a secure space, rack, car, crate, or cage, in which livestock may stand, and in which all other animals may stand, turn around, and lie down during transportation, or while awaiting slaughter. As used in this subdivision, for purposes of transportation of sled dogs, "stand" means sufficient vertical distance to allow the animal to stand without its shoulders touching the top of the crate or transportation vehicle.
• Abandon an animal or cause an animal to be abandoned, in any place, without making provisions for the animal's adequate care, unless premises are vacated for the protection of human life or the prevention of injury to a human. An animal that is lost by an owner or custodian while traveling, walking, hiking, or hunting is not abandoned under this section when the owner or custodian has made a reasonable effort to locate the animal’s
• Negligently allow any animal, including one who is aged, diseased, maimed, hopelessly sick, disabled, or non-ambulatory to suffer unnecessary neglect, torture, or pain.
• Tether a dog unless the tether is at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail and is attached to a harness or non-choke collar designed for tethering.
Depending on the number of animals involved, violation of any of these provisions can subject a person to either a misdemeanor punishable by up to 93 days in jail or, if more than ten animals are involved, up to four (4) years in prison. And if there is more than one count (multiple animals), punishment can be consecutive.
If you are charged with animal cruelty, you need an Attorney who understands the law, who has experience with animal cruelty cases, and who can work on your behalf to lessen the impact of any animal cruelty charges that you may face. Contact Schmerlaw for a no-cost initial consultation. We have experience representing individuals charged with animal cruelty, hoarding, or other matters related to animals.
Often times animal cruelty charges arise, not because of actual abuse but when animals are subjected to abusive conditions. Schmierlaw has handled several high-profile cases where clients have been charged with felony animal abuse, a four-year felony.
While many may think of animal abuse cases such as that of Michael Vick, who was breeding and training dogs to fight or other cases involving puppy mills, most are individuals who honestly believe they are doing the right thing and love the animals they are accused of abusing. In these cases, there may be no criminal intent, but the authorities often times, still charge these individuals with felonies exposing them to possible jail time and criminal records.
Schmierlaw we will look at all the facts, if needed we will seek counseling and/ or other experts for our clients, work and with the Prosecutor and Judge to make sure a similar incident does not happen again. We are committed to making sure our clients don’t go to jail, but instead, get the help they need to understand the nature of their actions.
Our office represented Ken, an obsessive-compulsive hoarder, who besides hoarding everything from old TV’s to obsolete computer systems, also collected 109 living Chihuahuas and 150 dead ones stored in a freezer in the basement. This was one of the largest animal hoarding cases ever happen in Michigan and gained international notoriety. In talking to Ken, we learned that Ken did not fully understand what he had done and felt he was doing his best to take care the dogs. Ken received probation, was ordered not possess other animals, and received counseling to make sure it didn’t happen again.
Recently we represented Patricia. Patricia is a gentle woman who had a reputation for taking in dogs and cats whose owners were going to take them to the animal shelter, where, unless adopted, would probably be put to “sleep”. Believing she was able to do a better job, Patricia ended up with 35 dogs, a dozen or so cats, and several rabbits. Unfortunately, the situation got out of control, Patricia was unable to properly care for these animals and the conditions in which she and the animals lived became a health hazard. Charged with felony animal cruelty, the home was destroyed, and Patricia faced several years in prison. Obviously, no one wants a situation like this to happen again, and our goal was to get Patricia the help she needed to make sure it didn’t happen again.
If you are facing animal cruelty charges or are in a position where you could face these charges, call Schmierlaw for a no-cost consultation to discuss your animal cruelty case.
Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: firstname.lastname@example.org