Criminal Charges Related to Animals, Livestock
Attorney is likely considered an expert on the laws passed for domestic animals in California, because we have lobbied against many of the laws that are neither reasonable, nor based upon facts. Due to egregious cases seen involving illegal seizures, purported warrants executed based on affiant testimony and not served with a peace officer, sworn declarations which are misrepresentations, or even non exigent seizures made to appear to be something else to avoid either opposition or any post seizure opposition, we are well aware of what can happen in these cases. Usually, PC 597 and PC 597.1 are involved. Shelters are held to the same conduct of care under this code.
We have the ability to work with CA certified humane officers who have animal husbandry backgrounds, and have expertise in the correct processes/procedures used in foaling, whelping, etc. The officers can inventory properly, all health and vet medical records, and assess if the protocol used was appropriate. UC Davis has a line of forensic examiners that can be accessed.
Due to the new law passed by HSUS (Humane Society of the US), any owner of an animal or livestock who is charged with animal cruelty, EVEN IF ACQUITTED, may be subject to forfeiture of all animals if a hearing is held for forfeiture. Further, if the owner is not acquitted, and the conviction is a felony, the owner may not own any animals for ten years; five years for misdemeanor conviction. There is an appeal process for felony conviction if the owner makes a living off the animal business (rancher, breeder,etc)
This law has NOT been tested in court that we know of, BUT it allows forfeiture of one's property EVEN if acquitted. The animals themselves are NOT contraband, such as in seizure of drugs or narcotics or knock off products, so we do not believe the forfeiture provision by HSUS is very good law.
Our experience shows that when seizure takes place, one only has about ONE day to get the right attorney, otherwise, your chances of getting out of the illegal seizure diminishes greatly due to the forfeiture provisions of having the boarding costs paid in a very short time. Animal control has been known to lie and misrepresent facts, we have personally seen it.
Potential Criminal Charges (Peripheral) Related to "Dog fighting"
Animal Cruelty - California Penal Code § 597
Attorney is likely considered an expert on the laws passed for domestic animals in California, because we have lobbied against many of the laws that are neither reasonable, nor based upon facts. Due to egregious cases seen involving illegal seizures, purported warrants executed based on affiant testimony and not served with a peace officer, sworn declarations which are misrepresentations, or even non exigent seizures made to appear to be something else to avoid either opposition or any post seizure opposition, we are well aware of what can happen in these cases. Usually, PC 597 and PC 597.1 are involved. Shelters are held to the same conduct of care under this code.
We have the ability to work with CA certified humane officers who have animal husbandry backgrounds, and have expertise in the correct processes/procedures used in foaling, whelping, etc. The officers can inventory properly, all health and vet medical records, and assess if the protocol used was appropriate. UC Davis has a line of forensic examiners that can be accessed.
Due to the new law passed by HSUS (Humane Society of the US), any owner of an animal or livestock who is charged with animal cruelty, EVEN IF ACQUITTED, may be subject to forfeiture of all animals if a hearing is held for forfeiture. Further, if the owner is not acquitted, and the conviction is a felony, the owner may not own any animals for ten years; five years for misdemeanor conviction. There is an appeal process for felony conviction if the owner makes a living off the animal business (rancher, breeder,etc)
This law has NOT been tested in court that we know of, BUT it allows forfeiture of one's property EVEN if acquitted. The animals themselves are NOT contraband, such as in seizure of drugs or narcotics or knock off products, so we do not believe the forfeiture provision by HSUS is very good law.
Our experience shows that when seizure takes place, one only has about ONE day to get the right attorney, otherwise, your chances of getting out of the illegal seizure diminishes greatly due to the forfeiture provisions of having the boarding costs paid in a very short time. Animal control has been known to lie and misrepresent facts, we have personally seen it.
Potential Criminal Charges (Peripheral) Related to "Dog fighting"
Animal Cruelty - California Penal Code § 597
- Dog Fighting - California Penal Code § 597.5
- Animal or Cock Fighting - California Penal Code § 597(b)
- Owning, Possessing, Keeping or Training Animals for Use in a Fighting Exhibition- California Penal Code § 597(c)
- Owning, Possessing, Keeping or Training Birds for Use in a Fighting Exhibition- California Penal Code § 597(j)
- Live Animals: Attaching to a Propelled Device to be Pursued by Dogs- California Penal Code § 597(h)
- Prevailing Upon Any Person to Visit a Place of Illegal Gambling -California Penal Code § 318
- Bookmaking or Pool Selling - California Penal Code § 337(a)(1)
- Keeping or Occupying Any Place with Paraphernalia - California Penal Code § 337(a)(2)
- Stake Holding in Bookmaking or Pool Selling- California Penal Code § 337(a )(3)
- Recording Wagers - California Penal Code § 337(a)(4)
- Permitting Unlawful Use of a Room or Enclosure (Bookmaking or Pool Selling) - California Penal Code § 337a (5)
- Making or Accepting Wagers - California Penal Code § 337(a)(6)
- Prior Convictions, Punishment, Application - California Penal Code § 337(a)(6)(a)(b)
- Criminal Profiteering - California Penal Code § 186.2
- Unlawful Assembly - California Penal Code §§ 407, 408
- Participation in a Criminal Street Gang - California Penal Code §§ 182.5, 186.22, 12021.5
- Conspiracy - California Penal Code § 182
- Accessory to a Felony - California Penal Code § 32
- Controlled Substances: Possession or Purchase for Sale - California Penal Code §§ 11351, 11054, 11055
- Controlled Substances: Transportation, Sale, Giving Away, etc. - California Penal Code §§ 11352, 11054, 11055, 11056
- Contributing to the Delinquency of a Minor - Controlled Substances: Adult Inducing a Minor to Violate Provisions -California Penal Code § 11353, 11550, 11054, 11055, 11056.
- Soliciting, Inducing, Encouraging, or Intimidating Minor to Commit Certain Felonies - California Penal Code § 653(j) - Child Endangerment
- Willful Injury or Harm; Endangering Person or Health of Child - California Penal Code § 273a
- Degrading, Vicious, or Immoral Practices in Presence of Children - California Penal Code § 273g
- Commission of Felony with Firearm - California Penal Code § 12022
- Possession of Firearm; General Manufacture, Sale, or Possession of Short-Barreled Shotgun or Short-Barreled Rifle - California Penal Code § 12001.5
- Manufacture, Import, Sale, Supply or Possession of Certain Weapons and Explosives - California Penal Code § 12020
- Armed Criminal Action - California Penal Code § 12023
- Carrying Concealed Weapon: In Vehicle or on Person - California Penal Code § 12025
