...to death with a pistol, what is the maximum penalty he might face? Assume he has no prior criminal record or warrants and did not endanger my family because when I came out of the house after he shot my dog, he ran away without saying anything. My dog could be replaced for around $500.00. Any other states besides Nebraska? Thank you.
2006-09-14 15:31:37 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
First of all, I am so very sorry about your dog. As for replacing him, you know that's not possible. An dog can become almost a family member and you don't just get them "off the shelf".
As for repercussions on this individual I would strongly report him to the police. Be sure to tell the investigating officer the witnesses that can corroborate your statement.
I live in Arizona, not Nebraska, but criminal code is very similar from state to state. Here are a few of the charges that could possibly be charged against that "murdering" person.
The charges include "Cruelty to Animals", "Unlawful Discharge of Firearms", "Criminal Damage", and "Criminal Trespassing".
Sorry the laws are so lengthly but I'm sure they will give you plenty of information to contact the police about.
A.R. S. 13-2910
Cruelty to animals; interference with working or service animal; classification; definitions
A. A person commits cruelty to animals if the person does any of the following:
1. Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment.
2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control.
3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.
4. Recklessly subjects any animal to cruel mistreatment.
5. Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner.
6. Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
7. Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result.
8. Intentionally or knowingly subjects any animal under the person's custody or control to cruel neglect or abandonment that results in serious physical injury to the animal.
9. Intentionally or knowingly subjects any animal to cruel mistreatment.
10. Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
11. Intentionally or knowingly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal.
12. Recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal.
13. Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal.
B. It is a defense to subsection A of this section if:
1. Any person exposes poison to be taken by a dog that has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person's livestock or poultry, and the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed, and the poison is removed by the person exposing the poison after the threat to the person, or the person's livestock or poultry has ceased to exist. The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice that is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word "danger" or "warning".
2. Any person uses poisons in and immediately around buildings owned, leased or controlled by the person for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined in section 17-101.
C. This section does not prohibit or restrict:
1. The taking of wildlife or other activities permitted by or pursuant to title 17.
2. Activities permitted by or pursuant to title 3.
3. Activities regulated by the Arizona game and fish department or the Arizona department of agriculture.
D. A peace officer, animal control enforcement agent or animal control enforcement deputy may use reasonable force to open a vehicle to rescue an animal if the animal is left in the vehicle as prescribed in subsection A, paragraph 7 of this section.
E. A person who is convicted of a violation of subsection A, paragraph 6 or 10 of this section is liable as follows:
1. If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.
2. To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler's services are lost to the owner or agency.
3. To the owner for the owner's contractual losses with the agency.
F. An incorporated city or town or a county may adopt an ordinance with misdemeanor provisions at least as stringent as the misdemeanor provisions of this section.
G. A person who violates subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 12 of this section is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph 8, 9, 10, 11 or 13 of this section is guilty of a class 6 felony.
H. For the purposes of this section:
1. "Animal" means a mammal, bird, reptile or amphibian.
2. "Cruel mistreatment" means to torture or otherwise inflict unnecessary serious physical injury upon an animal or to kill an animal in a manner that causes protracted suffering to the animal.
3. "Cruel neglect" means to fail to provide an animal with necessary food, water or shelter.
4. "Handler" means a law enforcement officer or any other person who has successfully completed a course of training prescribed by the person's agency or the service animal owner and who used a specially trained animal under the direction of the person's agency or the service animal owner.
5. "Service animal" means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public.
6. "Working animal" means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler
A.R.S. 13-3107.
Unlawful discharge of firearms; exceptions; classification; definitions
A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless the dangerous nature of the felony is charged and proven pursuant to section 13-604, subsection P, the provisions of section 13-702, subsection G apply to this offense.
C. This section does not apply if the firearm is discharged:
1. As allowed pursuant to the provisions of chapter 4 of this title.
2. On a properly supervised range.
3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the game and fish department.
4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
5. By special permit of the chief of police of the municipality.
6. As required by an animal control officer in the performance of duties as specified in section 9-499.04.
7. Using blanks.
8. More than one mile from any occupied structure as defined in section 13-3101.
9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
D. For the purposes of this section:
1. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.
2. "Properly supervised range" means a range that is operated:
(a) By a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school, or
(b) Approved by any agency of the federal government, this state, a county or city within which the range is located or
(c) With adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.
A.R.S. 13-1602.
Criminal damage; classification
A. A person commits criminal damage by recklessly:
1. Defacing or damaging property of another person; or
2. Tampering with property of another person so as substantially to impair its function or value; or
3. Tampering with the property of a utility.
4. Parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.
5. Drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.
B. Criminal damage is punished as follows:
1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars or more, or if the person recklessly causes impairment of the functioning of any utility.
2. Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of two thousand dollars or more but less than ten thousand dollars.
3. Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of more than two hundred fifty dollars but less than two thousand dollars.
4. In all other cases criminal damage is a class 2 misdemeanor.
A.R.S. 13-1504.
Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.
4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.
5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.
6. Entering or remaining unlawfully in or on a critical public service facility.
B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.
2006-09-14 18:50:48 · answer #1 · answered by NoJail4You 4 · 3⤊ 0⤋
well here in TN nothing happens, I actually had that exact thing happen here, and it took 3 hours for a county officer to show up, and when he did, he make some notes, but never even filed a report, I called but the dectitive wouldnot even come out to investigate the crime. I had evidence ( bullet, vet report from the dog ( my dog lived though it) and also poison from where he tried to poison the dog first.
So I hope you have better luck. Most likely he will have to pay you the value of the Dog ( but you will have to prove value, not just your word) and they will get probation.
2006-09-15 00:14:57 · answer #2 · answered by Anonymous · 1⤊ 0⤋
If it is within city limits he could get charges for discharging a firearm within city limits along with the other charges that will probably be for trespassing,animal cruelty and indangerment to you and your family.Sorry about your dog.I have 2 german shepards and it would kill me if something happened to them as they are like my kids.
2006-09-14 22:45:47 · answer #3 · answered by mike j. 1 · 0⤊ 0⤋
i am not a lawyer or cop , but i know that it is a felony , the man can go to prison
2006-09-14 22:39:17 · answer #4 · answered by sindi 5 · 1⤊ 0⤋
he could go away for a while i believe
and HUGE fines
im sorry about your dog dude :-(
2006-09-14 22:35:34 · answer #5 · answered by Ethernaut 6 · 0⤊ 1⤋