Generally, state statutes dictate sentencing guidelines, which set up what options a judge or district attorney has for punitive measures in any court case. Sometimes, however, a Larimer, Boulder or Grand County judge will add in certain requirements, beyond what the law outlines. Is it legal? Is it within the limitations of the Constitution? Some may argue that it is not, but that doesn’t mean it doesn’t occasionally happen. Recently, a man was convicted of Aggravated Animal Cruelty after throwing his 8-month old puppy into a pond, where the puppy drowned. The man claimed the puppy had gotten hurt and he and his wife could not afford the medical bills, which led to the circumstances surrounding his actions. At sentencing, the judge not only sentenced him to some jail time and community service, he also required the man not own another pet for five years, and that the man keep a photo of his deceased puppy in his wallet with him. Those last two requirements are definitely not written into Colorado law, but the judge felt within his rights to impose those conditions.
Fort Collins Animal Cruelty Lawyer: What is the Definition of Animal Neglect / Animal Abuse / Aggravated Animal Cruelty?
The Colorado law definition of Cruelty to Animals / Aggravated Cruelty to Animals – C.R.S. 18-9-202 – is:
(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.
(1.5) (a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.
(b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal.
(c) A person commits cruelty to a service animal or a certified police working dog if he or she violates the provisions of subsection (1) of this section with respect to a service animal or certified police working dog, as those terms are defined in sections 18-9-201 (2.3) and 18-9-201 (4.7), whether the service animal or certified police working dog is on duty or not on duty.
Based on the definition above, the man would likely be facing the Aggravated Animal Cruelty for knowingly causing the death of the puppy. In Fort Collins, Loveland and Estes Park, this is a felony crime.
Larimer County Aggravated Animal Cruelty Lawyer: What is the Sentence / Punishment for Animal Cruelty?
As a class 6 felony in Larimer, Jackson and Routt County, Aggravated Animal Cruelty is punishable by 12 to 18 months in the Colorado Department of Corrections and up to $100,000 in fines. While probation or serving time in county jail is always a less harsh option the DA or a defense attorney can pursue, there are no statements under the statute regarding future animal ownership or carrying pictures of dead puppies in wallets as a punitive measure. Remember thought, there is a wild card a judge can use located at C.R.S. 18-1.3-202, which provides that a judge can sentence a person to probation terms and conditions “as it deems best.” There is a maximum period of five years for a misdemeanor. C.R.S. 18-1.3-204 also provides that the probation conditions a judge chooses to impose “must be reasonably necessary to ensure that the defendant will lead a law abiding life and assist the defendant in doing so.”