Animal Crime 101

What happens when a crime against an animal is committed?

A person that harms or neglects an animal has committed a crime in Washington (Revised Code of Washington 16.52.205, Seattle Municipal Code 9.25). This article focuses on misdemeanor charges. Misdemeanors are lesser criminal charges that are primarily handled by the Seattle City Attorney’s Office (CAO) and tried in the Seattle Municipal Court. In contrast, felonies are referred to the King County Prosecutor and tried in the King County Superior Court. The overall process is essentially the same for both.

1. The Triggering Event:

Citizens call the Seattle Animal Shelter or Seattle Police Department to report suspected abuse, neglect, or injuries to animals.

2. The Investigation:

Once the crime is reported, the Seattle Police Department and/or the Seattle Animal Shelter will investigate the matter if it is within their jurisdiction.

If the incident is characterized as a misdemeanor or gross misdemeanor, the case is referred to the CAO. The CAO will conduct its own investigation, and will interview witnesses to confirm statements and determine what restitution or conditions should be sought upon a guilty plea or conviction.

Once the investigation is complete, charges are filed in the Seattle Municipal Court.

3. Arrest and Arraignment:

The Court will issue a summons to the accused that tells them when and where to appear in court for arraignment, or they will be arrested. An arrest, search and/or seizure warrant must be supported by an affidavit, a statement or sworn testimony, usually sworn by a police officer. If appropriate, the injured and/or endangered animals will be seized and placed in care to be treated.

After an arrest, the accused will be fingerprinted and photographed. They cannot be held for more than 24 hours without being charged. Next, the defendant will be arraigned. This means that the person appears in court, and is informed of their rights and of the charges filed against them. A court date isset to meet the speedy trial required by Washington State Constitution.

Glossary of Terms

Bail

Bail may or may not be required for release before trial. If the defendant or their family can afford the amount set by the court, it will be paid directly to the court and the defendant will be released from custody. In this scenario, bail is returned to the payor at the end of the trial.

Bail Bond

If the defendant cannot afford bail, they can work with a bail bond company. A bail bond is a contract between the defendant and a third party business that guarantees the defendant will appear for trial. Bonding companies typically charge about 10% of the bail amount, and will pay the entire bail amount to the court. Failure to appear means that the bond business forfeits its guarantee to the court and can claim the property guaranteeing the bond.

Probable Cause

Courts that issue warrants must establish probable cause, a requirement that the requesting officer provide sufficient reasons for the warrant before it is approved. Probable cause is defined as facts that would cause a reasonably cautious officer to believe that the person has committed that crime.

Warrants

A warrant is a document used by police officers to carry out a legal action - an arrest, a search and/or a seizure of property. Warrants ensure that the action follows state laws and does not violate any citizen’s rights. Note that warrants are needed to seize animals that are neglected or abused as they are personal property.

For more information, see “Anatomy of a Criminal Trial: Part 1 - a Primer.”