What Are the Consequences for Animal Cruelty in Georgia?

Georgia has strict laws punishing individuals who intentionally harm, abuse, or neglect an animal. “Cruelty to animals” is a misdemeanor offense punishable by up to 1 year in prison. The law defines cruelty in this context as causing any “physical pain, suffering, or death to an animal by any unjustifiable act or omission.”

Additionally, a person may be charged with aggravated cruelty–a felony punishable by up to 5 years in prison–if they “maliciously” torture an animal through the infliction of, or subjection to, severe or prolonged physical pain.

Judge Sentences Georgia Man to 5 Years for Trapping Stray Dog in Dumpster

A recent Georgia Court of Appeals decision, Kelley v. State, illustrates just how seriously prosecutors take animal cruelty cases. In this case, the defendant’s daughter found an underweight dog by the side of the road. She took the dog to her home, which she shared with the defendant. The daughter then spent the next two weeks trying to rehabilitate the dog.

At that point, the daughter asked the defendant to help find the dog a new home. The defendant later told her he had found a couple to take in the dog. But this was a lie. Instead, the defendant attempted to abandon the dog in a nearby parking lot. When the dog then tried to follow the defendant home, he then “violently flung the dog by its leash into [a] dumpster” and closed the lid, according to court records.

The dog was later found alive in the dumpster and taken into a foster home. Local animal control officers reviewed video surveillance footage of the parking lot and eventually identified the defendant as the man who threw the dog into the dumpster. Prosecutors eventually charged the defendant with two counts of aggravated cruelty to animals. The defendant elected for a bench trial. The judge found the defendant guilty of one count of cruelty and one count of aggravated cruelty, and sentenced him to 5 years in prison. (The sentence was enhanced based on the defendant’s prior criminal record, which included multiple felony convictions.)

On appeal, the defendant argued there was insufficient evidence to support his conviction. The Court of Appeals disagreed and upheld the trial judge’s verdict. The appellate court noted the dog was trapped inside the dumpster for two days without food or water. From this, the trial court could reasonably infer the animal suffered “severe or prolonged physical pain,” as required by the animal cruelty statute.

Contact Hawkins Spizman Trial Lawyers Today

Any criminal charge in Georgia can carry significant penalties, especially if you already have a prior record. That is why you need to work with an experienced Atlanta criminal defense attorney who can assist you in obtaining the best possible outcome for your case. If you have been charged with a misdemeanor or felony in Georgia, contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=7ccdf393-cb72-4edf-86c4-e80baf6ffc7d