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

Probable Cause

Warrants

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