Animal Cruelty
Most crimes for cruelty to animals are prosecuted under Florida Statute Section Section 828.12. Under Florida’s animal cruelty statute, a person commits the crime if he or she does the following:
“unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner.”
Animal cruelty crimes often involve an accusation that the defendant confined an animal without sufficient food, water or exercise.
Other common examples of animal cruelty include allegations of abuse or neglect involving dogfighting or cockfighting, locking an animal in a vehicle, or not properly caring for a sick or injured animal.
Section 828.12(3), F.S., provides that if a person commits multiple acts of animal cruelty or aggravated animal cruelty against an animal, the defendant may be charged with a separate offense for each such act.
A person who commits animal cruelty or aggravated animal cruelty against more than one animal may be charged with a separate offense for each animal such cruelty was committed upon.
Attorneys for Animal Cruelty Charges in Tampa, FL
Contact an experienced criminal defense attorney at Sammis Law Firm in Tampa, FL if you were charged with animal cruelty.
Although we are selective in the cases we take, we represent clients charged with various serious criminal offenses in the greater Tampa Bay area, including Hillsborough County, Hernando County, Pasco County, and Polk County, Florida.
In addition to animal cruelty allegations charged under Florida Statute Section 828.13, related crimes include:
- animal poisoning under Section 828.08;
- animal confinement and abandonment under Section 828.13; and
- animal fighting under Section 828.122.
Contact us to learn more about the different ways the crime can be charged, the potential penalties for each offense, and the best ways to fight for a dismissal of the charges.
Call (813) 250-0500 today to discuss your case.
Overview of Animal Cruelty Charges in Florida
- Can You Seal or Expunge the Animal Cruelty Charge?
- Florida’s Definition of an “Animal”
- Defenses to Animal Cruelty Charges in Florida
- Aggravated Animal Cruelty Crimes in Florida
- Penalties in Florida for Cruelty to Animals Crimes
- Dexter’s Law and the Florida Animal Abuse Database
- Examples of Animal Cruelty Crimes
- County or City Ordinance for Animal Cruelty
- Animal Cruelty by Law Enforcement Officers
- Additional Resources
Can You Seal or Expunge the Animal Cruelty Charge?
Can you seal or expunge a misdemeanor charge for animal cruelty under Section 828.12(1)?
Suppose the misdemeanor animal cruelty charge under Section 828.12(1) is dropped or dismissed. In that case, you might be eligible to expunge the record, but only if you have no other convictions in Florida that would disqualify you for this type of relief.
On the other hand, if you are “convicted” of cruelty to animals under s. 828.12(1), you will never be eligible to seal or expunge that record.
Although most misdemeanor convictions will not prevent you from sealing or expunging another qualified criminal history record, even a misdemeanor “conviction” for cruelty to animals under s. 828.12(1) is particularly serious because it will automatically prohibit you from ever being eligible to seal or expunge any other record in Florida.
For this reason, avoiding a “conviction” is important by getting the court to withhold adjudication. If you get a withhold of adjudication and complete probation, you might be eligible to seal the record.
If you have questions about whether you can seal or expunge an arrest record after an arrest for cruelty to animals under s. 828.12(1), then contact the criminal defense attorneys at Sammis Law Firm in Tampa, FL.
Florida’s Definition of an “Animal”
Most allegations of cruelty involve pets such as dogs and cats. Other allegations involve livestock such as pigs, cattle, and chickens. Under the statutory scheme for animal cruelty charges, “animal” includes every “living dumb creature.”
In Wilkerson v. State, 401 So. 2d 1110, 1112 (1981), the Florida Supreme Court held that the “animal” definition necessarily “excludes human beings from the commonly understood definition of animals.”
Defenses to Animal Cruelty Charges in Florida
Although animal cruelty charges are taken very seriously in Florida, a number of legal defenses may be available depending on the facts of the case. An experienced criminal defense attorney can evaluate whether any of the following defenses might apply:
- Lack of Intent – For aggravated animal cruelty, the State must prove that the defendant intentionally caused unnecessary pain, suffering, or death. If the harm to the animal was accidental, unintended, or unavoidable, that lack of intent may be a defense.
- False Allegations or Mistaken Identity – In many cases, accusations arise from neighbors, family disputes, or animal control reports. Witness bias or mistaken identification can lead to unfounded charges.
- Insufficient Evidence – Prosecutors must prove each element of the offense beyond a reasonable doubt. If the evidence is circumstantial, based only on opinion, or lacks proper veterinary or expert support, the defense can argue that the case should be dismissed.
- Necessity or Justification – Florida law allows certain actions that might otherwise appear to be cruelty, if done for a legally recognized purpose. Examples include lawful veterinary care, euthanasia performed in a humane manner, or actions taken in self-defense or defense of others. For example, if a dog was rabid and was clearly going to injury another individual, killing it could be considered self defense.
- Constitutional or Procedural Violations – If law enforcement conducted an unlawful search, seizure, or interrogation without proper constitutional safeguards, evidence obtained in violation of the defendant’s rights may be suppressed.
Aggravated Animal Cruelty Crimes in Florida
A person commits aggravated animal cruelty if he or she intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done.
Under Florida law, aggravated animal cruelty is typically charged as a third-degree felony, subject to enhanced fines and penalties.
Dexter’s Law, effective July 1, 2025, expands these penalties for aggravated animal cruelty committed against domesticated companion animals, such as dogs and cats. The law applies specifically to companion animals and does not impact Florida’s constitutional right to hunt and fish or agricultural animal operations.
Under Dexter’s Law, aggravated animal cruelty offenses involving companion animals are subject to a 1.25 sentencing multiplier under the Florida Criminal Punishment Code. This increases the sentencing points scored for these offenses, making prison sentences significantly more likely compared to prior law.
In addition, Dexter’s Law created Florida’s first statewide animal abuse offender registry, maintained by the Florida Department of Law Enforcement (FDLE). Individuals convicted of aggravated animal cruelty are required to be listed in this database. Once listed, offenders may face restrictions, including prohibitions on owning, residing with, or working with animals.
Penalties in Florida for Cruelty to Animals Crimes
In most cases, animal cruelty is charged as a first-degree misdemeanor. Although a first-degree misdemeanor is typically punishable by up to one year in jail and up to a $1,000 fine, the animal cruelty statute authorizes a fine of not more than $5,000 as provided in Section 775.083(1)(g), F.S.
If the criminal offense is charged as “aggravated animal cruelty,” then the offense is charged as a third-degree felony. Although a third-degree felony normally authorizes a fine of up to $5,000, the animal cruelty statute authorizes a fine of up to $10,000. Also, if a person intentionally trips, falls, ropes, or lassos the legs of a horse for entertainment or sport, then the offense is charged as a third-degree felony.
As provided in Section 921.0022(3)(c), aggravated animal cruelty is a Level 3 offense on the Offense Severity Ranking Chart of the Code that results in sixteen (16) sentencing points being assigned to the offense of aggravated animal cruelty for purposes of calculating the lowest permissible sentence. Under Dexter’s Law (effective July 1, 2025), a sentencing multiplier of 1.25 must now be applied to aggravated animal cruelty offenses involving domesticated companion animals. This increases the overall points scored under Florida’s Criminal Punishment Code, making state prison sentences more likely.
Under Section 828.12(5), a person convicted of aggravated animal cruelty, where the finder of fact determines that the violation included the knowing and intentional torture or torment of an animal that injured, mutilated, or killed the animal, must be ordered to pay a minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program.
Under Section 828.12(2)(a), a person “convicted” of a second or subsequent conviction of aggravated animal cruelty must pay a minimum mandatory fine of $5,000 and serve a minimum mandatory period of incarceration of six (6) months.
Under Section 828.12(2)(b), the person is not eligible for parole, control release, or any form of early release and must serve 100 percent of the court-imposed sentence.
Additionally, Dexter’s Law created Florida’s first statewide animal abuse offender registry, maintained by the Florida Department of Law Enforcement (FDLE). Individuals convicted of aggravated animal cruelty will be listed in this registry, and may be prohibited from owning, residing with, or working with animals.
Dexter’s Law and the Florida Animal Abuse Database
In 2025, the Florida Legislature enacted Dexter’s Law in response to a highly publicized case involving the killing of a dog named Dexter in Pinellas County. The law represents the most significant update to Florida’s animal cruelty statutes in recent years.
One of the most impactful changes is the creation of Florida’s first Animal Abuse Offender Database, maintained by the Florida Department of Law Enforcement (FDLE). This registry will include the names of individuals convicted of aggravated animal cruelty offenses involving domesticated companion animals. A conviction or plea of guilty or no contest is sufficient to trigger inclusion on the list.
Being placed in this database can have serious long-term consequences. In addition to public exposure, a person listed in the registry may be prohibited from
- Owning or possessing animals;
- Residing in a household with animals; or
- Working or volunteering in any capacity that involves animals.
The registry is designed to allow law enforcement, shelters, adoption agencies, and the public to identify individuals with a history of animal abuse and prevent them from obtaining access to new animals.
For defendants, this means that an aggravated animal cruelty conviction no longer results only in fines, probation, or possible incarceration, it also carries the lasting impact of being tracked in a statewide public registry.
Because the database is permanent and public, avoiding a conviction is now more critical than ever. Negotiating for reduced charges, a withhold of adjudication, or a dismissal may make the difference between moving forward without restrictions and being permanently barred from animal ownership or related employment.
According to the Law, the Database must be created and publicly accessible by January 1st, 2026.
Examples of Animal Cruelty Crimes
The most common examples of animal cruelty crimes prosecuted in Florida include:
- 8230B – 823.041(1),(2) AND (3) – UNLAWFUL DISPOSAL OF DEAD ANIMAL
- 8281A – 828.12(1) – CRUELTY TO ANIMALS
- 8281B – 828.12(2) – FELONY CRUELTY TO ANIMALS
- 8281C – 828.122(3) – ANIMAL FIGHTING
- 8281C1 – 828.122(3)(G)AND(H) – BETTING ON OR ATTENDING AN ANIMAL FIGHT
- 8281D1 – 828.13(2) – UNLAWFUL ABANDONMENT OR CONFINEMENT OF ANIMAL
- 8281D2 – 828.13(3) – ABANDONMENT OF ANIMAL
- 8281E1 – 828.123 – KILLING DOGS OR CATS FOR PURPOSES OF SELLING PELTS, UNLAWFUL POSSESSION, UNLAWFUL IMPORTATION, DEALING OR BUYING, SALE OF CLOTHING, SALE
- 8281H – 828.125(1) – KILLING OR AGGRAVATED ABUSE OF HORSES OR CATTLE, ATTEMPT, SOLICIT OR CONSPIRE TO KILL OR ABUSE , CONSPIRACY/SOLICITATION/CONFEDERATES TO KILL OR COMMIT ABUSE, THREATEN TO KILL OR ABUSE
- 8282A – 828.29(1)(A), (1)(B), (2)(A), AND (17) – VIOLATION OF HEALTH REQUIREMENTS – DOGS/CATS TRANSPORTED OR OFFERED FOR SALE
- 8282B – 828.24(1) AND (2) – KILLING ANIMALS BY NON-HUMANE METHODS
- 5811A1 – 581.185(3)(A) HARVEST ENDANGERED PLANT WITHOUT PERMIT
County or City Ordinance for Animal Cruelty
Section 828.27, F.S., gives the governing body of a county or municipality the authority to enact ordinances relating to animal control or cruelty. A city or county ordinance violation is a civil infraction, with a maximum civil penalty not exceeding $500.
In Florida, twenty-three (23) counties, including Hillsborough County, have ordinances in place prohibiting a dog from being outside or tethered during periods of extreme weather conditions, such as extreme heat, freezing or near-freezing temperatures, thunderstorms, lightning storms, tornado watches or warnings, or during a tropical storm or hurricane watches or warnings.
Other nearby counties with similar ordinances include Hernando County and Sarasota County.
Animal Cruelty by Law Enforcement Officers
Animal cruelty charges can also arise in situations involving law enforcement officers. One of the most common scenarios occurs when a police officer kills or seriously injures a dog during the course of an investigation, arrest, or search.
When Use of Force Against an Animal May Be Justified
Florida law, like federal constitutional standards, recognizes that law enforcement officers may use reasonable force in the course of their duties. An officer is generally shielded from prosecution if:
- The animal posed an imminent threat of serious injury to the officer or others (for example, an aggressive dog charging during the execution of a warrant).
- The officer reasonably believed that deadly force was necessary to protect themselves or others.
- The killing or injury of the animal occurred as an unavoidable byproduct of lawful police activity, such as defensive use of firearms.
In these situations, the officer’s conduct may be deemed legally justified and therefore not subject to criminal liability under Florida’s animal cruelty statute.
Circumstances That May Lead to Criminal Charges
On the other hand, law enforcement officers are not automatically immune from Florida’s animal cruelty laws. Officers could face criminal charges if:
- The use of force was unnecessary or excessive, such as shooting a non-threatening dog that was restrained, retreating, or not posing any danger.
- The officer acted with malice or recklessness, rather than out of necessity.
- The circumstances showed that less lethal options (such as retreating, calling animal control, or using non-lethal deterrents) were available but ignored.
- The harm to the animal was intentional cruelty unrelated to any legitimate law enforcement purpose.
In such cases, an officer could be charged under §828.12, F.S., just like any other individual, and could face misdemeanor or felony animal cruelty charges depending on the severity of the act.
Because Dexter’s Law increases penalties for aggravated cruelty to companion animals, questions about whether an officer’s conduct was justified or excessive will carry even greater weight. Cases in which an officer’s actions are not clearly tied to a legitimate safety concern may be more likely to draw scrutiny from prosecutors and the public.
Cases Of Animal Cruelty by Police Officers in Florida
One highly publicized case occurred in Jacksonville in 2022, when a Sheriff’s Office officer shot and killed a one-year-old Great Dane named Lucy. The family alleged that Lucy was not a threat and filed a federal lawsuit against the city and the officer, arguing that the killing violated their constitutional rights. The case drew widespread attention because it raised questions about whether the officer followed departmental policy or whether less lethal alternatives should have been used. To this day, the lawsuit continues, with the family seeking accountability for what they see as an unnecessary use of deadly force against their pet.
Another recent case involved a Marine veteran in Jacksonville whose German Shepherd was shot three times by a Sheriff’s Office officer. According to the officer, the dog had bitten him, but the family disputes this version of events and claims that body-worn camera footage shows a different story. The woman has announced plans to sue the Sheriff’s Office, arguing that her companion animal was wrongfully killed. The case has sparked community outrage, particularly because of the conflicting accounts of what happened and the perception that the officer may have acted with excessive force.
Additional Resources
Ways Animal Cruelty is Reported in Hillsborough County, FL – Visit the Animal Rights Foundation of Florida website to learn more about who to contact about a suspected incident of animal cruelty. Many of these tips that an animal has been abused, neglected, or otherwise victimized are reported to local law enforcement agencies, local animal control agencies, the SPCA, the Humane Society, or Hillsborough County Pet Resources. Tips about suspected cases of animal cruelty are often made anonymously.
Dexter’s Law – Read the full bill text on Dexter’s law which went into effect July 1st, 2025.
