Is It Animal Abuse to Leave Your Pet in a Locked Car?
Every year, hundreds of children are seriously injured or killed after being left in hot cars. Recently, the issue dominated the news when Justin Ross Harris was arrested and accused of murder for leaving his child in a hot, locked car. Reports alleged he spent weeks researching how long it would take for a child to die in a hot car. Harris also allegedly researched how long it took for animals to die in a hot car just days before the incident. 1
Although it is known that leaving a child in a car is a crime, is it a crime to leave an animal unattended in a locked car?
Leaving Your Pet Unattended in a Car (PC 597.7)
California is one of only a handful of states that has a law that specifically prohibits leaving an animal unattended in a locked vehicle. Under California Penal Code 597.7, you cannot leave an animal unattended in a car if doing so will endanger the health or well-being of the animal due to heat, cold, lack of adequate ventilation or lack of food or water, or other circumstances that could reasonably be expected to cause suffering or death. 2
Law enforcement may take any reasonable action necessary to remove an animal from a vehicle if it appears that the animal is in immediate danger that could reasonably cause the animal to suffer disability or death. 3
Penalties for Leaving a Pet in a Car
If you are convicted of leaving your pet in a car unattended, you could be fined up to $100. If the animal suffers great bodily injury, you could be punished by a fine up to $500, regardless of whether it is the first time you are convicted of the crime. If you have previously been convicted of this crime, you could be fined up to $500, sentenced to up to six months in county jail, or a combination of both a fine and imprisonment. 4
Leaving a pet unattended in a car could rise to the level of animal abuse under California Penal Code Section 597, which is a more serious crime in California. If you are convicted of animal abuse, you face up to one year in county jail and fines of up to $20,000.
Defenses to PC 597.7 Charges
If you are accused of leaving a pet in a car, an experienced criminal defense attorney can successfully raise several defenses on your behalf. The factual circumstances behind each case must be reviewed, including the time your pet was left in the car and whether the circumstances endangered the health of your pet due to heat, cold, lack of ventilation, or lack of food.
Call Wallin & Klarich Today
If you have been accused of animal abuse, you need to speak to an experienced defense attorney immediately. At Wallin & Klarich, we have been successfully defending clients accused of animal abuse for over 40 years. Our attorneys have the skill and experience necessary to help you obtain the best possible outcome in your case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will get through this together.
1. [http://wreg.com/2014/06/25/source-dad-searched-how-long-it-takes-animal-to-die-in-hot-car-before-child-left-in-hot-car/]↩
2. [CA Penal Code 597.7(a). http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=594-625c]↩
3. [CA Penal Code 597.7(c). http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=594-625c]↩
4. [CA Penal Code 597.7(b). http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=594-625c]↩
