Let’s say you find yourself with a citation for an animal violation, perhaps a dog bite or your dog was running loose in the neighborhood, and you are called to a court hearing for your arraignment. While you wait your turn to speak before the judge, the prosecutor approaches you with a plea agreement that alters your charges. Sometimes entering into a plea agreement is the smart thing to do. Plea agreements can be very useful tools to resolve an animal violation. From avoiding jail time and reducing the seriousness of charges on a criminal record, there could be several reasons why a criminal defendant would choose a plea, but ultimately the decision is a personal one.
What many people choosing to plea usually fail to consider are the impacts to their animals when pleading guilty to animal violations. The plea may seem reasonable: some moderate fines, a probationary period, and no jail. A defendant may look at the terms of a plea offer like that and think that involving attorneys is just going to cost them more money. Why pay the attorneys fee just to reduce the cost of fines a little bit, especially if you are guilty and have no real defenses?
In animal cases, part of sentencing involves a determination of what to do with the animal at issue, whether it is for a dog at large violation or a dangerous dog designation. For instance, you are charged with 2 counts of owning a dangerous dog that caused serious bodily injury under the Colorado Dangerous Dog Statute (18-9-204.5 C.R.S). You may think a plea agreement that reduces the two charges from serious bodily injury (class 6 felony) to bodily injury (class 2 misdemeanor), is a good deal. However, the statute also states that “upon a second or subsequent violation…. the court shall order that the dangerous dog be immediately confiscated and placed in a public animal shelter…[and] be destroyed by euthanasia.” Here, if there were to be a plea agreement for two charges involving bodily injury, the dog will be euthanized, despite the lesser severity of the charge. Considerations such as these need to be taken into account before accepting any plea agreement. Sometimes, even Assistant District Attorneys offering these agreements can be surprised by statutory language that removes the court’s discretion to act after a plea has been entered.
In other instances, municipal and county codes may allow judicial discretion for the disposition of animals that can come as an even bigger surprise. If the terms of the plea don’t specify what happens to an animal, you may be surprised by a judge who, during sentencing, orders that custody of your dog be transferred to animal services or another shelter that will ultimately kill your dog.
For example, the Mesa County Code stipulates that a “Court may order the destruction of the dog upon conviction of the owner of any violation with bodily injury.” You then may think that a plea that reduces the severity and counts of charges against you may not jeopardize the life of your dog, even if the reduced charge still includes a violation with bodily injury. MCM 12.3. This is especially important to consider given the definition of the term bodily injury under the Mesa County Code which states that a bodily injury is, “any physical pain, illness, impairment of physical or mental condition.” MCM 2.8. Thus, you may think it is reasonable to plead guilty to a charge of causing bodily injury because your dog knocked someone over. However, there is a very real possibility that without specific terms for the disposition of your dog in a plea agreement, the judge has the discretion to order your dog to be killed.
Once a defendant has pleaded guilty to a criminal charge and been sentenced, the odds are overwhelming against that person to change the terms of that sentence. Animal violations involve at least two lives – yours and your animal’s. If you are charged with an animal violation, contact an attorney immediately to find out what options you may have. Don’t risk more than necessary by trying to negotiate a plea agreement on your own. Contact eaDefense today for a consultation.