Which acts are criminalized under the Animal Act?
The Animal Act criminalizes various acts that can harm the welfare of animals. If you are suspected of violating this law, please contact one of our specialized criminal defense lawyers as soon as possible. The most common criminal offenses under the Animal Act are:
- animal cruelty;
- withholding necessary care from an animal.
When does animal cruelty occur?
Animal cruelty occurs if you cause pain or injury to an animal or harm the animal’s health or welfare without a reasonable purpose. Animal cruelty also occurs if there is a reasonable purpose for your actions, but you go too far. Examples include:
- Hitting or kicking an animal
- Pulling an animal too hard
- Or, for example, making an animal perform work that is too heavy for it
When are you withholding necessary care from an animal?
Withholding necessary care from an animal is a complex legal concept and often a subject of discussion. This is precisely why legal assistance is essential. Some examples of withholding care include:
- housing too many animals in a space that is too small;
- failing to call a veterinarian (in a timely manner) in the event of illness or injury.
It is important that it must be possible to prove that you are responsible for the failure in care. For example, your dog may break its leg, but that does not necessarily mean you are responsible for it. An investigation will then have to be conducted into how your dog’s leg came to be broken and whether you played a role in that. What you did to heal the fracture will also be examined. In other words, if there is an infringement of welfare, it must be attributable to you.
Finally, it is important to investigate whether it concerns a snapshot in time. Withholding necessary care must last for some time. In the case of a snapshot, it becomes much more difficult to prove that you withheld necessary care from an animal.
What can you do if the Public Prosecution Service has seized your animals?
If the Public Prosecution Service (OM) has seized your animals, it is of great importance to seek legal help immediately. Seized animals can, often at an early stage, be sold or – in extreme cases – be euthanized. The OM has the legal authority to do this.
Our lawyers can file a petition with the court on your behalf requesting the return of your animals. The judge will assess whether the seizure is justified. Always have the petition drafted by a lawyer with experience in animal criminal law. Our criminal defense lawyers know exactly what requirements such a request must meet.
What penalty/measure can you receive for violating the Animal Act?
If you are convicted of violating the Animal Act, various penalties can be imposed on you. The type of penalty and the severity of the penalty depend on the nature, seriousness, and duration of the violation of the law. Possible sanctions include:
- a prison sentence;
- a ban on keeping animals, whether for life or not;
- forfeiture of the seized animals.
The consequences of a conviction can therefore be profound and often have a long-term impact on your life.
Why is it wise to hire a lawyer if you are suspected of violating the Animal Act?
If you are suspected of violating the Animal Act, it is important that you are assisted by a specialized criminal defense lawyer. Our lawyers will talk to you and discuss the possibilities for getting your animals back as quickly as possible. In addition, our lawyers will prepare you for what to expect, how the criminal process works, and what penalties may be imposed. They will also investigate whether there is a possibility of acquittal in your case. Especially since a suspicion under the Animal Act is not an average criminal case, it is important that you are assisted by a specialist. Therefore, please contact us without obligation to speak with one of our expert criminal defense lawyers.
