“Can you go to jail for murdering a cat?”

Yes.  If you kill an animal you can be charged under Florida Statute 828.12.(2). Under this statute it states:

“A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.”

Tamarcus Lamont Harper has been charged under this statute for his alleged actions on June 26, 2011. According to the Gainesville Police Department, Mr. Harper kicked his ex-girlfriend's 8-week old kitten and killed it.

If you would like to read more about this story please visit: http://www.gainesville.com/article/20110627/ARTICLES/110629622

Protect Your Pet!

“How Can You Protect Your Pet”

So you have a furry friend and life is great. From the moment you adopted your dog from the local shelter or rescue group your family gained another member. As your family grows and memories are etched in your mind, the idea of no longer having your pet can be devastating. We all know that as life progresses your death and your pet’s death are inevitable, but what happens if your pet gets lost or someone else claims her as his pet. What do you do?

Someone Takes Your Pet

So here is the situation: You have a pet and someone takes her and claims her as his own.

There are two ways to approach this situation. First, you can call the police and they will file a police report of the situation and that report will be sent to the State Attorneys Office to determine if there is a valid case of larceny.  If you do not want to take the criminal route, you can try and approach the situation in civil court.  Both options are discussed below.

Criminal Route

Going the criminal route will have certain positive aspects but there can be some pitfalls. The criminal route may take several months to complete, especially with all of the current budget cuts and assistant state attorneys being overworked. In the meantime, your pet would be under the control of someone else. Furthermore, under the criminal route the state would have to prove the elements of the crime of larceny beyond a reasonable doubt (if it gets to trial). If it goes that far, which more than likely it may not, you should be able to get your pet back if all elements are proven. The control you have under the criminal route is limited because the action and the handling of the case will be in the control of the assistant state attorney.

Civil Route

The second way to approach the situation is through civil court. Under the civil court system proof is on the plaintiff, the person bringing the case, and it has to be proven by a preponderance of the evidence. This means the judge has to believe the plaintiff a little bit more than the defendant, which equates to believing the plaintiff 51% more than the defendant. The problem with this situation that many pet owners run into is finding an attorney and financing the representation. The time that it would take to work this case may not be worth it for many attorneys and if there is an attorney willing to take the case on it is often not cost effective. However, there is always the option of filing the claim and navigating through the system yourself, which may be difficult and ultimately not achieve the desired goal.

Your Proof: Microchip

As soon as you adopt your pet you should have your animal micro-chipped. Essentially a microchip is a very small chip like the size a grain of rice placed on your pets shoulder and it can be read through a scanner machine. A microchip can be done at your local veterinary office or the local shelter and once it is done the chip has to be registered with the owner’s information. Generally the price to complete the chip is less than $100 and sometime it can be done for little or no money at all, but you have to do your research in your local area.  It is very important to microchip your pet. If your pet ever gets lost the information on the chip can assist in proving that your pet belongs to you, or if your pet is found you can be reached if your animal is taken to a local shelter or veterinary office because their first step is checking for a microchip. ( For more information on micro-chipping: http://www.avma.org/issues/microchipping/microchipping_faq.asp) Also, don’t forget to update your information as it changes so the people will have notice that your pet belongs to you and accurate information on how to contact you should your pet become lost.  (prime example: http://www.floridatoday.com/article/20110623/NEWS01/106230325/1006/rss01/Thanks-microchip-missing-dog-tale-has-happy-ending-Melbourne)

Your Proof: Pictures / Video / Vet Bills

I know my wife and I are not the only ones who have tons of pictures and video of our dog. We also have lots of vet bills. We have pictures with our dog and her unique features (her white strip on her chest, her glossy eye, gray face, etc. ) Every dog is unique; for example, our dog is on several medications for health problems, which have been documented through the veterinarian. All the bills we get from the veterinarian we keep in her folder.

All of this information will help prove that our dog “Karma” is our dog and belongs to us.

Conclusion

Bringing a pet into your life can be a life changing experience for your pet and your family. However, it is your responsibility as the pet owner to do everything you can to protect your pet and your interest.

“Cruelty to Animals and Domestic Abuse”

Family Law issues and Animal Abuse go hand in hand. Just recently on May 19, 2011, Gary Eugene Denning from Trenton, Florida, located in Levy County, was arrested for domestic battery and cruelty to an animal.  ( Levy County Sheriff Blog: http://levycountysheriffsblog.blogspot.com/ )  The domestic abuse charges stemmed from Mr. Denning getting upset with his brother-in-law over a small dent in Mr. Denning’s vehicle.  After hitting his brother-in-law in the chest and attempting to kick him, Mr. Denning decided to get back at his brother-in-law my directing his anger toward the family pet, a Golden Retriever.

When police arrived at the scene, the blood trail through the house was apparent. Mr. Denning allegedly struck the Golden Retriever with a machete several times severing the dog's spinal cord.  Denning's minor daughter was in the residence when the attack occurred. Unfortunately, the Golden Retriever had to be put down due to the wounds.

This is not the first case, and unfortunately it will not be the last case, where a domestic abuse instance merges with cruelty to the family pet. Not only has this been reported in the media but it has been documented through academia as well. In his article, Battered Women’s Reports of Their Partners’ and Their Children’s cruelty to Animals, Frank R. Ascion reports that a significant number of survivors of domestic violence state that their abusers also harmed, or threatened to harm, the family pet. (see online article at http://www.vawnet.org/Assoc_Files_VAWnet/BWpetCruelty.pdf )

There are several reasons why animals end up getting hurt during family disturbances. One of those reasons is the abuser knows that the victims generally have strong feelings/connections to the pet. As a result, attacking the family pet indirectly hurts the victim and the point is made that the victim could, or more than likely will, be next. Another reason why the family pet is attacked is because the abusers know that the family pet will put up little or no resistance and cannot “contact” the authorities.  The family pet is a voiceless victim and under Florida Statute 828.12, Cruelty to Animals is a third degree felony, which under the Penalties Section, Florida Statute 775.082, carries a maximum sentence of five years and a fine not exceeding $10,000, or both. (http://leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes&CFID=210974864&CFTOKEN=3052213)

Although Florida recognizes animal cruelty as a crime, it is separate and distinct from Family Law; however, I feel a argument could be made based on the love families have for their pets and the correlation of animal cruelty to domestic abuse, that cruelty to animals is not as distinct issue as it is perceived to be in the law.  Even though it seems that penalties are harsh for Cruelty to Animals rarely do defendants face real consequences for their actions towards the family pets. I guess only time will tell what the consequences are for Mr. Denning’s alleged actions.

Do Something You Love- Animal Law

Those four words, “do something you love,” express a goal that many people strive for throughout their lifetime. Over the years I have grown thankful for how my life has played out, and now I wake up every morning filled with joy knowing each and every day I have the ability to practice what I love. During law school I developed a passion for several areas of the law, but one of my strongest passions centers around Animal Law.

I must confess that my love for animals has grown significantly in the past 6 years. It started when my girlfriend at the time (now my wife) and I adopted a dog. We had talked about adopting a dog for sometime prior to making the decision. We were getting ready to graduate with our master degrees and contemplated getting a “dog breath” prior to summer.  We wanted the summer to become acquainted with the dog and to allow the dog to become acquainted with us. In May 2005, we were living in Gainesville, Florida and we went out to Gainesville Pet Rescue to look at the dogs that were available.  Well, we were there for about 10 minutes and we saw a dark brown lab/pit mix named Karma sitting in her “prison box.” We read her card and then asked to take her for a walk. We knew instantly that we had a match.

I can still remember the Gainesville Pet Rescue workers saying that Karma was a little shy and that she may only eat tuna from a spoon when we got her home. After filling out the papers and bringing Karma home it was an instant connection and she had no need for tuna anymore. It seemed as though the three of us had lived together for years and we were all on the same page.

During law school my love for Karma and the law seemed to cross paths and the topic of Animal Law hit me in the face like a hammer hitting a nail. I realized that there were people who felt the same way about their animal and they were also using the legal system to help others with wrongly injured pets. During this time period, I found out about and attended the annual Animal Law Conference at Lewis and Clark Law School in Portland, Oregon. This conference was a great way for people with a similar passion to get together and discuss and work towards improving the protection of animals.

This is why I love what I do, because I can take my love for animals and adapt it to practicing Animal Law. People often ask what is Animal Law?  Here are just some of the sub topics of Animal Law:

Creating a pet trust

Divorces involving a pet

Veterinary Malpractice

Puppy Lemon Laws

Dogs on “Death Row”

For some their pets are a member of their family. True animal lovers would do anything for their four legged loved ones and I am honored to assist in anyway I can to assist people in protecting and helping their animals. Every time I meet someone or talk to a prospective client I know the love that I have for Karma is not an anomaly, because I can sense that I am not the only person who loves his four legged friends.  Practicing Animal Law allows me to achieve the four words above; I truly get to “do something I love.”