Cruelty to Animals

If you’ve been charged with misdemeanor cruelty to animals, then you have been charged with a crime which carries a maximum punishment of up to 1 year in jail and a fine of up to $1000.

Georgia law criminalizes causing “physical pain, suffering, or death to an animal by any unjustifiable act or omission” or “having intentionally exercised custody, control, possession, or ownership of an animal, fails to provide to such animal adequate food, water, sanitary conditions, or ventilation that is consistent with what a reasonable person of ordinary knowledge would believe is the normal requirement and feeding habit for such animal’s size, species, breed, age, and physical condition.” O.C.G.A. 16-12-4.

Misdemeanor cruelty to animals does not require malice. This means that you do not have to have meant to harm the animal. Simply neglecting to provide reasonable care for the animal can constitute misdemeanor cruelty to animals.

Moreover, the animals do not have to belong to you. Neither ownership of the property on which the animals are found nor ownership of the animals is a material element of the offense. Tiller v. State, 218 Ga. App. 418. If you live in a home with someone else and their animals are being neglected, you could be criminally liable for that neglect.

If you have been charged with misdemeanor cruelty to animals, you should consider hiring an attorney who can defend your case. Call our office for a free consultation at 404-581-0999.