CRUELTY TO ANIMALS
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Cruelty to Animals protects animals from cruel or neglectful behavior. This kind of behavior includes torture, mutilation, killings, beatings, injury, and deprivation of food, eater, shelter, or veterinary care. An exception to this is the killing of a member of the dog or cat family that chases or worries livestock while off of its owner's premises, and an appropriate instruction should be given if that is a defense. Basically, cruelty to animals rises to a criminal act when the violence is unjustified and with malice.
The statute for Cruelty to Animals is OKLA. STAT. tit. 21 § 1685, which states that “Any person who shall willfully or maliciously torture, destroy or kill, or cruelly beat or injure, maim or mutilate any animal in subjugation or captivity, whether wild or tame, and whether belonging to the person or to another, or deprive any such animal of necessary food, drink, shelter, or veterinary care to prevent suffering; or who shall cause, procure or permit any such animal to be so tortured, destroyed or killed, or cruelly beaten or injured, maimed or mutilated, or deprived of necessary food, drink, shelter, or veterinary care to prevent suffering; or who shall willfully set on foot, instigate, engage in, or in any way further any act of cruelty to any animal, or any act tending to produce such cruelty, shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary not exceeding five (5) years, or by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00). Any animal so maltreated or abused shall be considered an abused or neglected animal.”
Elements of the Crime
In order to be convicted of Cruelty to Animals in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
1) a willful and malicious;
2) caused, procured, permitted, instigated, or tended to further;
3) any animal in subjugation or captivity;
4) to be, being overdriven, overloaded, tortured, destroyed, killed, cruelly beaten, cruelly injured, maimed, mutilated, deprived of necessary food, drink, or shelter.
Oklahoma Jury Instruction #7-2.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Cruelty to Animals in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.