Animal Cruelty and Neglect Defense in Miami

If an officer or animal services took your animals, left you a notice, or asked you to come in and talk, you need a defense lawyer before you say anything.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What Florida Law Prohibits

Animal cruelty, s. 828.12(1). It is a first-degree misdemeanor to unnecessarily overload, overdrive, torment, deprive of necessary sustenance or shelter, unnecessarily mutilate, or kill any animal, or to carry an animal in or on a vehicle, or otherwise, in a cruel or inhumane manner. The penalty can include up to 1 year in jail, a fine of up to $5,000, or both.

Aggravated animal cruelty, s. 828.12(2). It is a third-degree felony when a person intentionally commits an act to an animal, or when a person who owns or has custody or control of an animal fails to act, and the result is the cruel death of the animal, or excessive or repeated infliction of unnecessary pain or suffering. The penalty can include up to 5 years in prison, a fine of up to $10,000, or both.

Mandatory penalties in aggravated cases. The statute adds two mandatory provisions:

• If the judge or jury finds the violation included the knowing and intentional torture or torment of an animal that injured, mutilated, or killed it, the court must order a minimum fine of $2,500 and psychological counseling or an anger management program.
• For a second or later aggravated cruelty conviction, the law requires a minimum fine of $5,000 and a minimum of 6 months of incarceration. The person must serve 100 percent of the sentence the court imposes, with no early release. A plea of no contest counts as a conviction for this purpose.

Each animal, each act. The State may file a separate charge for each act, and a separate charge for each animal.

Minors. Since October 1, 2026, an adult who causes or entices a minor to commit aggravated animal cruelty, or commits it in front of a minor, commits a separate third-degree felony. When a minor commits animal cruelty, the juvenile court must order a psychological evaluation and, if recommended, counseling or treatment.

Confinement, neglect, and abandonment, s. 828.13. It is a first-degree misdemeanor (up to 1 year in jail, a fine of up to $5,000, or both) to:

• confine an animal and fail to give it enough good, wholesome food and water;
• keep animals in an enclosure without wholesome exercise and change of air;
• abandon to die an animal that is maimed, sick, infirm, or diseased; or
• as the owner or person in charge, abandon an animal to suffer injury or malnutrition, or abandon it in a street, road, or public place without providing for its care, food, protection, and shelter.

Dogs left tied outside in a storm. Restraining a dog outside during a natural disaster and then abandoning it is a third-degree felony, with a fine of up to $10,000. The statute defines a natural disaster to include a hurricane, tropical storm, or tornado warning issued by the National Weather Service for your city or county, or a mandatory or voluntary evacuation order.

Common Situations We See in Miami

• Neglect calls. A neighbor reports a thin dog, a dirty yard, or an animal without water. Officers arrive, take photos, and sometimes take the animals the same day.
• Hot cars. An animal is left in a parked car in the heat. A passerby calls the police. What happened, and for how long, matters.
• Dogs left outside. A dog kept in the yard or on a chain, especially when a storm warning or evacuation order is in place.
• Sick or injured animals. An owner is accused of not getting an animal medical care in time.

Every one of these cases depends on the facts. An accusation is not a conviction.

What Is at Stake

• Jail or prison. Up to 1 year for a misdemeanor and up to 5 years for a third-degree felony. Those are the general maximums, not what every case gets. Some aggravated cases carry the mandatory minimums listed above.
• Your animals. When a court finds probable cause that a violation of the animal cruelty statute occurred, it must order the seizure of the animals and equipment used in the violation. Officers can also take animals they find neglected or cruelly treated and ask the county court to decide whether the owner is able and fit to keep them. If the evidence shows a lack of proper care, the owner has the burden to prove by clear and convincing evidence that he or she is able and fit to have custody. The court can also order the owner to pay for the animals' care while they are held.
• A ban on owning any animal. After a conviction under the animal cruelty statute, the judge can prohibit you from owning, keeping, or having custody of any animal for a period of time the judge decides.
• A public listing. Florida law now requires the Florida Department of Law Enforcement to post on its website, starting no later than January 1, 2027, the name, photo, and case information of every person convicted under the animal cruelty statute (s. 828.12), or who pleaded guilty or no contest to it, even if adjudication was withheld. The listing stays up for 3 years for a first misdemeanor, 5 years for a first felony, and 10 years for a later conviction. The law gives a way to ask for removal if the conviction is overturned or the record is sealed.
• Immigration and job consequences. For anyone who is not a U.S. citizen, or who holds a professional license, these charges need careful handling from day one.

How We Defend These Cases

1. What does the law actually require? The misdemeanor uses words like "unnecessarily," "necessary sustenance or shelter," and "cruel or inhumane." The felony requires a specific result: a cruel death, or excessive or repeated unnecessary pain or suffering. We hold the State to every word.
2. Who was responsible? Many homes have more than one adult, a tenant, a dog walker, or a relative caring for the animal. Being the name on a pet license does not answer who did what.
3. What does the medical evidence really show? An animal's condition can come from age, illness, or an injury that had nothing to do with neglect. We look at the veterinary records and get our own review when the case calls for it.
4. Was the entry and seizure legal? Many of these cases begin when officers come onto private property. If they entered without a valid warrant or a valid exception, the evidence may be challenged. See Motions to Suppress.
5. Fight for your animals. The custody hearing over the animals has its own deadlines and its own rules. We handle it as part of the defense.
6. Avoid the public listing where the law allows. The way a case ends matters, because a guilty or no contest plea to animal cruelty under s. 828.12 triggers the FDLE listing even when adjudication is withheld. We weigh that before any plea is discussed.

What to Do Right Now

1. Do not explain anything to police or animal services. Be polite, say you want a lawyer, and stop talking.
2. Do not post about it on social media.
3. Gather your records: vet bills, vaccination records, food and supply receipts, and photos or videos of your animals and their living space from before the incident.
4. Keep every paper officers gave you, including any notice about a hearing on the animals. Those deadlines move fast.
5. If someone is still in jail, see Bond & Nebbia Hearings. If there is a warrant, see Self-Surrender.
6. Call us. Our office answers 24 hours a day.

Related Pages

• Cockfighting and Animal Fighting Defense
• Property Used for Animal Fighting
• Economic Crimes Defense

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

Is animal cruelty a felony in Florida?

It can be either. Basic animal cruelty is a first-degree misdemeanor. Aggravated animal cruelty, which involves a cruel death or excessive or repeated unnecessary pain or suffering, is a third-degree felony.

I left my dog in the car for a few minutes. Can I be charged?

Police can investigate, and the State decides what to file. The animal cruelty statute covers depriving an animal of necessary shelter and carrying an animal in a vehicle in a cruel or inhumane manner. The facts, including the heat, the time, and the animal's condition, matter a great deal.

Will I get my animals back?

It depends on the case. The county court can decide whether you are able and fit to keep your animals, and the court can order you to pay for their care while they are held. We address this from the first day.

Can the judge stop me from owning pets?

Yes. After a conviction under the animal cruelty statute, the court can prohibit you from owning or having custody of any animal for a period the judge decides.

Will my name be on a public website?

Florida law now requires FDLE to post, starting no later than January 1, 2027, the information of people convicted under the animal cruelty statute (s. 828.12), or who pleaded guilty or no contest to it, even if adjudication was withheld. That is one reason the way your case ends matters so much.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.