Any act of neglect or abuse to an animal – whether knowing, reckless, or negligent – can result in Cruelty to Animals charges at the Larimer County Courts. If you have been accused of Animal Cruelty, you need to contact a top criminal defense lawyer right away. Conviction of this offense will result in numerous penalties – including time at the Larimer County Jail or even the Colorado Department of Corrections. You will even have to pay for and complete a mental health evaluation and treatment. Below, the best Fort Collins, Colorado criminal defense lawyers discuss Cruelty to Animals charges at the Larimer County Courts:
1. Larimer County Courts Definition of Cruelty to Animals, C.R.S. 18-9-202
The Larimer County Courts definition of Cruelty to Animals, C.R.S. 18-9-202, is as follows:
(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.
Colorado’s Cruelty statute covers several different acts that are regarded as animal abuse. These include – but are not limited to – depriving the animal of food and water, overworking it, or failing to provide it with adequate shelter.
2. Examples of Animal Cruelty in Fort Collins
Examples of Animal Cruelty in Fort Collins could include the following scenarios:
- Leaving your dog in your car with the windows rolled up on a July afternoon
- Forcing your horse to carry more weight than is healthy
- Beating your cat for not using the litter box
- Neglecting to feed your pet rabbit for several days
- Abandoning your bird at a park
- Accidentally shooting your dog while cleaning your loaded gun
- Chopping off a piece of your cat’s tail – this would be charged as Aggravated Cruelty to Animals
Note that the above examples are not by any means a comprehensive list. C.R.S. 18-9-202 covers a wide range of acts – many of which are intentionally broad and subjective – that would be regarded as abusive to an animal.
3. Cruelty to Animals vs. Aggravated Cruelty to Animals in Loveland and Estes Park
C.R.S. 18-9-202 makes a distinction between Cruelty to Animals and Aggravated Cruelty to Animals. Subsection (1.5)(a) states that a person who “recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal” will be charged with Cruelty to Animals. The key words in this subsection are “recklessly or with criminal negligence.” By contrast, a person can be charged with Aggravated Cruelty for “knowingly” engaging in the same behavior.
The difference between Cruelty and Aggravated Cruelty is the intent. Reckless or criminally negligent behavior entails acts where the defendant disregarded or failed to perceive “a substantial and unjustifiable risk.” By contrast, if the defendant acted “knowingly,” it was because he knew that his behavior would most likely cause the result. Hence, Cruelty is charged for reckless or criminally negligent behavior, and Aggravated Cruelty is charged for knowing behavior.
4. Penalties for Animal Abuse at the Larimer County Courts
Penalties for Animal Abuse imposed by the Larimer County Courts depend on whether the defendant had any prior convictions, and whether he was charged with Cruelty or Aggravated Cruelty. The table below outlines the sentences for a conviction of Animal Cruelty:
Circumstances |
Classification |
Penalties |
| First Cruelty to Animals offense | Class 1 misdemeanor / M1 |
|
|
Class 6 felony / F6 |
|
| Second or subsequent Aggravated Cruelty to Animals offense | Class 5 felony / F5 |
|
Cruelty to Animals can be a particularly harsh charge, in part because of the above penalties. However, there are many other factors that add to the severity of this charge. For example, if a defendant is convicted and sentenced to probation for felony Cruelty, he must still be sentenced to 90 days at the Larimer County Jail or home detention. Because of the gravity of an Animal Cruelty charge and the penalties you may face if you are convicted, hiring the best criminal defense lawyer is essential.