Crimes & Civil Actions

Criminal penalties are the crux of animal abuse enforcement. Criminal offenses in a state usually are designated as felonies, misdemeanors, or violations. A person convicted of a felony must be imprisoned, and that person may also be fined. A person convicted of a misdemeanor may be imprisoned or fined or both. Only fines are ordered against someone who has committed a violation. Felonies are considered more serious than misdemeanors, and misdemeanors are considered more serious than violations. The more serious the offense, the longer the term of imprisonment and the greater the fine.

In a criminal action, the government (a state or local subdivision) brings suit against the person charged with a crime (the “Defendant”). Imprisonment will be in a designated facility. Fines are paid to the government entity designated by law to receive the fine.

In addition to criminal penalties, there may be civil actions which arise out of a person’s failure to adhere to the law. In a civil action, one party (the “Plaintiff”) sues another party (the “Defendant”). The Plaintiff sues as a private citizen and usually seeks money from the Defendant for an amount permitted by law under the circumstances. However, sometimes the Plaintiff wants the Defendant to act or stop acting in a certain way. For example, Ms. Smith may ask a court to order a neighbor, Mr. Jones, to keep his dog in his own yard.

Please remember, this blog is not providing legal advice. It is an attempt to make laws written by lawyers understandable to non-lawyers. If you or anyone else have a specific question regarding the meaning of the law and its potential violation, please contact a lawyer to address your specific concerns.