Long Beach, Animal Neglect (PC 597.1), 21 Dogs, No Jail

Our client was then arrested for alleged violations of Penal Code § 597.1, failure to provide care to an animal, also known as animal neglect. Six of the animals were noted as being together in an outside pen playing. For each of the dogs playing, our client was cited also for unsafe tethering even though the dogs were not leashed at all and the yard was fully enclosed.

The house was not perfectly clean, but it was not filthy as one could imagine with so many dogs. As might be expected, with twenty-one dogs, there was indeed some feces from the dogs that had not been cleaned up, a water bowl was empty, one dog was sick (it turned out from eating a cleaning rag) and one dog had an open wound from fighting with another dog. One female dog was also quite pregnant.

The dogs were all hauled away to another kennel. The client had no records of the dogs' vaccinations, so the Animal Care Services Bureau of Long Beach administered multiple vaccinations to the 21 dogs. These were expensive shots. The bill on each animal quickly exceeded $300 and thereafter, the kennel for the City of Long Beach charged $19.95 per dog per day.

The client called Greg Hill & Associates the day after the dogs were seized. Greg immediately drove to the client’s house to inspect the conditions and take pictures. The client explained to Greg what had happened and his concerns. His biggest concerns were the pregnant dog and the mounting fees.

Greg immediately called the Animal Care Services Bureau to try to release all the dogs, but especially the pregnant dog. The client had visited the dogs earlier in the day and he said the dogs looked like they were refusing to eat the food given to them at the kennel. They were scared.

The “detective” at the Animal Care Services Bureau refused to release the dogs until a judge ordered this. Because the client’s arraignment was not for 45 days, the cost would snowball to well over $10,000 by the time of the arraignment. Moreover, the “detective” explained, the police report was incomplete. Several of the animals were allegedly in seriously ill condition and being seen by a veterinarian.
Long Beach City Attorney's Office

Greg spoke with supervising Long Beach City Prosecutor who declined to advance the arraignment as well.

While an unusual step to take before the police report was even finished or the complaint prepared, Greg wrote a Defense Position Letter to the Long Beach City Prosecutor’s office to hopefully resolve the case at the arraignment to cap the fees the client would owe.

The strategy worked, as the client did appear with Greg at the arraignment and entered a plea to one count only of violating Penal Code § 597.1. There were twenty-two counts of violating Penal Code §597.1 (one even for the unborn puppy) and five counts of violating Health and Safety Code § 12235.3(B) (“Unsafe Tethering of an Animal”).

All counts were dismissed except one count of violating § 597.1 as a misdemeanor, to which the client plead “no contest.” The client was then placed on five years of summary probation, ordered to perform 30 days of community service and attend sixteen sessions of an animal abuse prevention program. He was also ordered to pay the vaccination fees and kennel costs for his dogs, which were negotiated down from over $30,000 to an even $20,000. The client was able to continue working with no jail being ordered.

For more information about the issues in this case summary, click on the following articles:

1. Criminal Liability for Animal Cruelty Was Vague Until Now
2. What Is the Difference Between a Misdemeanor and a Felony?
3. Restitution Award in DUI Case Reversed and Vacated Because Trial Court’s Calculation Not Rational

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