Possible Defenses - Animal Law Source

Possible Defenses

Possible Defenses

 

The defendant claims he/she is NOT the owner of the animal


The defendant claims he/she was defending his/her property


The defendant claims it was “not me” who did the crime


The defendant claims he/she was training or disciplining the animal


The defendant claims he/she was drunk or high


The defendant claims it was an accident


The defendant claims they could not afford to care for the animal


The defendant claims to have a mental/physical disability


The defendant claims he/she did not know his/her actions were illegal


The defendant claims he/she recused the animal in that condition


The defendant claims there is not sufficient evidence for a conviction


The defendant claims the animal was sick that he/she put it out of its misery

 

1 O.C.G.A. § 16-12-4 (2014); Favors v. State, 756 S.E.2d 612, 614 (Ga. App. 2014); Tiller

v. State, 218 Ga. App. 418 (1995); Miller v. State, 179 Ga. App. 217 (1986).

2 O.C.G.A. § 16-12-4.

3 Tiller v. State, 218 Ga. App. 418 (1995).

4 Favors v. State, 756 S.E.2d 612 (Ga. App. 2014).

5 O.C.G.A. § 16-12-4(f) (2014); Futch v. State, 314 Ga.App. 294, 295 (2012).

6 O.C.G.A. § 16-12-4(b) (2014).

7 Readd v. State, 164 Ga.App. 97, 99 (1988).

8 Futch v. State, 314 Ga.App. 294, 296 (2012); Stonecypher v. State, 17 Ga. App. 818

(1916); Nel v. State, 252 Ga.App. 761, 765 (2001).

9 In re C.B., 286 Ga. 173 (2009).

10 O.C.G.A. § 16-12-4 (2014).

11 O.C.G.A. § 16-3-4 (c) (2014).

12 Willis v. State, 201 Ga. App. 182, 410 S.E.2d 377 (Ga. Ct. App. 1991)(evidence of dog

yelping, defendant holding a rifle, and a gunshot hole in the dog’s ear); Chaney v. State,

232 Ga. App. 297 (1998)(evidence of customary cockfighting procedure); Turner v.

State, 275 Ga. 343, 566 S.E. 2d 676 (2002) (evidence that dog was tied to house that was

intentionally burned by defendants); Fort v. State, 274 Ga. 518, 558 S.E.2d 1

(2001)(sound of gun that apparently killed dog); Stephens v. State, 247 Ga. App. 719, 545

S.E. 2d 325 (2001)(evidence that dogs were being bred for dogfighting).

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