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i got arrested for throwing a dog while in its cage, i was…

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i got arrested for throwing...
i got arrested for throwing a dog while in it's cage, i was charged with ANIMAL-INTENTL CRUEL MISTREAT. what is expected to happen in court regarding this charge this my first offense?
Submitted: 6 years ago.Category: Criminal Law
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Answered in 13 minutes by:
2/18/2012
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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To a great extent, a lot depends on the level of offense for which you are charged. Arizona, like many states, prosecutes some animal cruelty cases as misdemeanor offenses and others as felony offenses. The distinction between misdemeanor and felony is typically the intent of the perpetrator and the level of injury to the animal.

 

For example, if a person were to beat a dog to death with repeated blows with a stick, that would most certainly be prosecuted as a felony offense. Conversely, if a person were to strike a dog with a single kick and cause no long-term injury, that would most certainly be prosecuted as a misdemeanor offense.

 

In a misdemeanor offense, especially with no criminal history, the likely outcome would be something along the lines of probation, an anger management class and fines. If it is a felony, it becomes more complicated. With you having no history, an outcome of probation is still possible though some amount of jail time certainly becomes possible as well.

 

If you have not been appointed a public defender, I would urge you to look into retaining an attorney. A competent local criminal defense attorney could do a great deal to make the process go more smoothly for you. Such an attorney would be familiar with the local rules and laws, would know the assigned judge and prosecutor and would otherwise help ensure the best possible outcome.

 

If you are interested in retaining an attorney, you might begin with your state bar association. The Arizona State Bar has a website, it is located at www.azbar.org.

 

I do not know your county of residence but your county bar association likely has a similar site that will be more specific to your location. A quick Google search will locate the appropriate bar association for you. For example, you might search "maricopa county bar association".

 

Additionally, Martindale Hubbell is a national organization that rates attorneys across the country. Their website is located at http://www.martindale.com/.

 

Another nationwide website is located at http://www.avvo.com/. This site lists attorneys by geographic location and area of practice.

 

Each of these resources will have a wealth of information as to attorneys in your area that handle such cases. I would suggest you check each site out and you will surely find a great number of attorneys that meet your needs. Pick a few to meet with in person so that you can thoroughly explain your situation and then retain the one that you feel can best represent your interests.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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Customer reply replied 6 years ago
Well I iwas charged with ANIMAL-INTENTL CRUEL MISTREAT F 6, but this was an accident I was training my dog in the cage for potty training then my daughter wanted to let the dog out and I said no then she grabed the cage to let the dog out in a struggle the cage got thrown about 6 feet the dog was not injured and I love the puppy.
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

The "F6" means that this is a class 6 felony offense. Unfortunately, this means that the prosecutor is treating it more seriously. As I stated above, a possible resolution would still include probation. However, a class 6 felony offense, with no criminal history, may also lead to a period of incarceration of up to one and a half years. If you had prior offenses, the punishment could become up to four and a half years of incarceration.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
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Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Customer reply replied 6 years ago
Ok I called the court house to see what is going on regarding the case which i need to appear for Status conference first then Preliminary hearing then court said they waiting for investigation to wether the charge to be dropped/downgraded/ or upgraded?
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago
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Customer reply replied 6 years ago
what happens while waiting for the investigation to process
Customer reply replied 6 years ago
while it's been investigated what do you think might happen if my dog was not injured and it was an accident
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

From what you have described, it sounds like the law enforcement agency has completed their investigation and forwarded everything to the office of the prosecuting attorney. It would then be incumbent upon the prosecutor to review the reports from law enforcement and to contact whatever parties they deem appropriate. This might include contacting the investigating officer for more information or maybe calling a witness to confirm his statements, for example. Once he feels he has all the necessary information, the prosecutor would then make a decision as to whether the charge should be "dropped/downgraded/ or upgraded".

 

If "dog was not injured and it was an accident", this is certainly helpful to you. As I discussed above, the intent and the level of injury are certainly relevant to any formal filing decision and to the ultimate resolution. If it can be shown that this was entirely accidental and that the pet was not injured, then it becomes all the more likely that the charges would be reduced or dismissed and/or that the ultimate resolution would be favorable for you.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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