CR 10-604: Abuse or Neglect of an Animal

Crimes against animals are taken very seriously by judges and the State, and in many cases are prosecuted more harshly than crimes against persons.  There are two main animal abuse statutes in Maryland, with the most common being abuse or neglect of an animal under Criminal Law section 10-604.  Animal cruelty cases are often investigated by animal control officers, who typically consult with the State’s Attorney’s Office before charges are filed.  While they are not technically police, animal control officers are law enforcement officers who have similar powers to police.  They do not typically make arrests, but they do often author charging documents and search warrants.  Animal abuse charges under 10-604 can occur if there are allegations that an animal was deprived of nutritious food or clean water, was subjected to unnecessary pain and suffering, was overdriven, was not provided necessary veterinarian care or was denied proper shelter, air and space.  Defendants often face multiple animal abuse charges within the same case, as a person can be prosecuted for failing to provide food, shelter and vet care for the same animal.  In addition, a defendant can be charged with multiple animal abuse charges for each animal alleged to have been abused.  These cases are often initiated by complaints of a neighbor or household member, and then charged after execution of a search warrant.
 
If a neighbor observes dogs in a person’s yard that appear to lack appropriate shelter they may call the police.  Animal control would likely respond and take pictures and potentially file charges.  If the animals are not present in the yard animal control could conduct further investigation to include obtaining a search warrant.  Animal control officers are also authorized to enter the premises if they believe an animal is in immediate danger.  This typically occurs in scenarios where animal control approaches the home and notices a foul smell or noises they believe indicate animals are potentially suffering.  Numerous animal cruelty cases are often initiated by veterinarians who are attempting to comply with laws regarding mandatory reporting of potential animal abuse.
 
Aggravated Cruelty to Animals under Maryland Criminal Code section 10-606 is often charged with 10-604 when an animal has a serious injury or ends up dying.  10-606 is typically charged when a defendant is accused of intentionally torturing an animal or cruelly beating or killing an animal.  There is also a provision that makes intentionally harming a law enforcement animal such as a police K9.  A violation of the aggravated animal cruelty law is a felony with a maximum penalty of up to 3 years in prison and a $5,000 fine.  Upon conviction, a defendant may also be ordered to participate in counseling and be prohibited from owing or possessing animals while on probation.
 
Animal control officers are often overzealous and charge citizens with crimes when the criminal justice system should not have been involved.  We fight vigorously for all defendant charged with animal cruelty and have extensive experience cross examining biased state’s witnesses such as veterinarians who are paid by the state.
 
Animal abuse under Maryland Criminal Code section 10-604 is a misdemeanor with a maximum penalty of up to 90 days in jail.  Keep in mind that there are often multiple counts associated with an animal cruelty case that can be run consecutive, so defendants may often face a total of more than 1 year of incarceration. We have seen cases where defendants are facing dozens of charges for the same incident.  Any conviction for animal cruelty may result in mandatory psychological counseling as well as a prohibition for possessing or owning animals.  Defendants convicted of animal cruelty may also be ordered to pay restitution to animal control for housing and veterinary care.
 
Benjamin Herbst is an experienced Maryland animal abuse lawyer who has successfully represented dozens of defendants in felony and misdemeanor animal cruelty cases.  He has extensive experience fighting for his clients against overzealous animal control officers and biased state veterinarians.  Benjamin understands that these cases are often improperly charged and that defendants in these cases are treated unfairly.  He will do whatever it takes to keep his clients free of a criminal record and out of jail.  Contact Benjamin anytime at 410-207-2598 for a free consultation.