How Many Years In Jail For Hosting An Animal Fight Club

What Are The Penalties For Involvement In Brute Fighting In Michigan?

| Aug 15, 2019 | Beast Police |

What are the penalties for involvement in animal fighting in michigan

In March 2011, local law enforcement in Monroe County busted a dog-fighting ring at a private home in Raisinville Township and arrest nearly two dozen people. Nearly anybody nowadays in that location was charged with an fauna fighting crime, whether information technology was as an organizer, a participant or a spectator. These prosecutions resulted in numerous felony convictions that lead to steep fines, probation, imprisonment and a prohibition against owning a pet for several years. No matter what part you may play in an animal fighting operation, you lot can expect judges and prosecutors to accept the charges seriously and punish you to the fullest extent of the police.

Preparation, CREATING OR ORGANIZING ANIMAL FIGHTING

A person shall NOT do any of the post-obit:

Own, possess, use, purchase, sell, offer to buy or sell, import, or export an animal for fighting or baiting, or as a target to be shot at every bit a test of skill in marksmanship. MCL 750.49(2)(a).

Exist a party to or cause the fighting, baiting, or shooting of an animal. MCL 750.49(2)(b).

Hire or otherwise obtain the use of a building, shed, room, k, ground, premises, vehicle, or whatever other venue for fighting, baiting, or shooting an animal. MCL 750.49(ii)(c).

Permit the utilize of a edifice, shed, room, chiliad, basis, premises, vehicle, or any other venue belonging to him or her or nether his or her control for any of the purposes of fauna fighting, baiting or shooting. MCL 750.49(two)(d).

Organize, promote, or collect money for the fighting, baiting, or shooting of an animal." MCL 750.49(2)(e).

A person who commits the offense of grooming, creating or organizing animal fighting is guilty of a felony punishable past any or all of the following:

Up to four years in state prison, and/or a fine betwixt $five,000.00 and $50,000.00, and/or between 500 hours and chiliad hours of customs service. MCL 750.49(3).

The court may order that person to pay the costs of prosecution. MCL 750.49(5).

The court may social club that person to pay the costs for investigating the violation of this department, disposition of the creature, and housing and caring for the fauna, including, just not express to, providing veterinary medical handling. "Disposition" includes the transfer, euthanasia, or adoption of an animal. MCL 750.49(6).

The court shall guild the person convicted not to own or possess an brute of the same species involved in the violation of this department for 5 years later the date of sentencing. Failure to comply with the order of the courtroom pursuant to this subsection is punishable equally antipathy of courtroom. MCL 750.49(vii).

All animals beingness used or to be used in fighting, equipment, devices, and coin involved must be forfeited to this land. The beast must not be returned to the owner, trainer or possessor of the animal, and must be taken to a local animal control bureau for evaluation and disposition. MCL 750.49(16). The animal control agency may humanely euthanize the fauna or have the animal euthanized if, in the opinion of a licensed veterinarian, the fauna is injured or diseased past recovery or the beast'south continued existence is inhumane so that euthanasia is necessary to salvage hurting and suffering. MCL 750.49(25). An animate being control agency that receives such an animal may utilize to the commune courtroom or municipal court for a hearing to decide whether the brute must be humanely euthanized considering of its lack of any useful purpose or the public safe threat information technology poses. MCL 750.49(26). All other instrumentalities, proceeds, and substituted proceeds are subject to forfeiture proceedings under the laws of this state. MCL 750.49(27).

A person may be charged with, convicted of, or punished for any other violation of law that is committed by that person while violating these laws. MCL 750.49(31).

PARTICIPATING IN ANIMAL FIGHTING

A person shall NOT do any of the following:

Exist present at a building, shed, room, grand, footing, premises, vehicle, or any other venue where preparations are existence made for an exhibition of brute baiting, animal fighting or animal target do, or exist present at said exhibition, knowing that said exhibition is taking place or about to take place. MCL 750.49(ii)(f).

Breed, buy, sell, offer to purchase or sell, substitution, import, or consign an animal the person knows has been trained or used for fighting, or breed, purchase, sell, offer to purchase or sell, substitution, import, or consign the offspring of an animate being the person knows has been trained or used for fighting (UNLESS the person is owning, breeding, buying, selling, offering to purchase or sell, exchanging, importing, or exporting an animal for agricultural or agricultural exposition purposes OR an animal command bureau is owning, adopting, or transferring ownership of an animal for the purpose of adoption of an animal trained or used for fighting or an brute that is the outset- or second-generation offspring of an animal trained or used for fighting). MCL 750.49(2)(g).

Own, possess, utilize, buy, sell, offer to buy or sell, transport, or deliver any device or equipment intended for employ in the fighting, baiting, or shooting of an beast. MCL 750.49(2)(h).

A person who commits the offense of participating in animal fighting is guilty of a felony punishable by whatsoever or all of the following:

Up to four years in state prison, and/or a fine between $ane,000.00 and $v,000.00, and/or between 250 hours and 500 hours of community service. MCL 750.49(4).

The court may order that person to pay the costs of prosecution. MCL 750.49(5).

The courtroom may order that person to pay the costs for investigating the violation of this department, disposition of the animal, and housing and caring for the animal, including, simply not limited to, providing veterinary medical handling. "Disposition" includes the transfer, euthanasia, or adoption of an animal. MCL 750.49(six).

The courtroom shall order the person bedevilled not to own or possess an animal of the same species involved in the violation of this department for five years afterwards the date of sentencing. Failure to comply with the club of the courtroom pursuant to this subsection is punishable as antipathy of courtroom. MCL 750.49(7).

All animals being used or to be used in fighting, equipment, devices, and money involved must be forfeited to this land. The animal must not be returned to the owner, trainer or possessor of the animal, and must be taken to a local animal command agency for evaluation and disposition. MCL 750.49(xvi). The animal command agency may humanely euthanize the beast or have the animal euthanized if, in the opinion of a licensed veterinarian, the beast is injured or diseased past recovery or the animal'due south connected beingness is inhumane then that euthanasia is necessary to relieve pain and suffering. MCL 750.49(25). An animate being control agency that receives such an fauna may utilise to the commune court or municipal court for a hearing to determine whether the beast must be humanely euthanized because of its lack of any useful purpose or the public condom threat it poses. MCL 750.49(26). All other instrumentalities, proceeds, and substituted proceeds are subject field to forfeiture proceedings nether the laws of this state. MCL 750.49(27).

A person may exist charged with, convicted of, or punished for any other violation of law that is committed by that person while violating these laws. MCL 750.49(31).

FIGHTING ANIMALS CAUSING INJURIES TO OTHERS

The post-obit conduct is prohibited under law:

"If a person incites an creature trained or used for fighting or an animal that is the first- or 2d-generation offspring of an brute trained or used for fighting to attack a person and the attack causes the decease of that person, the owner is guilty of a felony punishable past imprisonment for life or for a term of years greater than 15 years." MCL 750.49(8).

"If a person incites an animal trained or used for fighting or an animal that is the kickoff- or second-generation offspring of an animal trained or used for fighting to assault a person, but the attack does non result in the death of the person, the possessor is guilty of a felony punishable past imprisonment for non more than iv years or a fine of not more than $ii,000.00, or both." MCL 750.49(9).

"If an animal trained or used for fighting or an animal that is the first- or second-generation offspring of an animal trained or used for fighting attacks a person without provocation and causes the death of that person, the owner of the beast is guilty of a felony punishable by imprisonment for not more than 15 years." MCL 750.49(10).

"If an animal trained or used for fighting or an animate being that is the first- or second-generation offspring of an brute trained or used for fighting attacks a person without provocation, but the attack does non cause the death of the person, the owner is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $i,000.00, or both." MCL 750.49(xi).

Fighting dogs causing injury Practise NOT apply to whatsoever of the following:

The person attacked was committing or attempting to commit an unlawful act on the property of the owner of the brute. MCL 750.49(12).

A domestic dog trained or used for fighting, or the get-go- or second-generation offspring of a canis familiaris trained or used for fighting, that is used by a police enforcement agency of this state or a canton, city, village, or township. MCL 750.49(fifteen)(a).

A certified leader dog recognized and trained by a national guide dog clan for the blind or for persons with disabilities. MCL 750.49(fifteen)(b).

A corporation licensed under the private security business and security alarm human action, when a dog trained or used for fighting, or the first- or second-generation offspring of a dog trained or used for fighting, is used in accordance with the private security business concern and security alert deed. MCL 750.49(xv)(c).

Additional penalties for fighting dogs causing injury offenses include any of the following:

The courtroom may order that person to pay the costs of prosecution. MCL 750.49(5).

The court may club that person to pay the costs for investigating the violation of this section, disposition of the animal, and housing and caring for the animal, including, but not limited to, providing veterinary medical handling. "Disposition" includes the transfer, euthanasia, or adoption of an animal. MCL 750.49(half dozen).

The fauna must non be returned to the owner, trainer or owner of the creature, and must exist taken to a local animal control agency for evaluation and disposition. MCL 750.49(sixteen).

A person may be charged with, convicted of, or punished for any other violation of law that is committed by that person while violating these laws. MCL 750.49(31).

FIGHTING ANIMALS AT Big

The following conduct is prohibited under constabulary:

"If an animal trained or used for fighting or an animal that is the first- or second-generation offspring of a dog trained or used for fighting goes beyond the property limits of its owner without being securely restrained, the owner is guilty of a misdemeanor punishable past imprisonment for not more than 90 days or a fine of not less than $fifty.00 nor more than $500.00, or both." MCL 750.49(13).

"If an brute trained or used for fighting or an fauna that is the get-go- or 2d-generation offspring of a domestic dog trained or used for fighting is not securely enclosed or restrained on the owner'due south property, the owner is guilty of a misdemeanor punishable past imprisonment for not more than 90 days or a fine of non more than $500.00, or both." MCL 750.49(xiv).

Fighting animals at large DO Non apply to whatsoever of the post-obit:

A canis familiaris trained or used for fighting, or the first- or second-generation offspring of a dog trained or used for fighting, that is used by a law enforcement bureau of this state or a canton, city, hamlet, or township. MCL 750.49(xv)(a).

A certified leader dog recognized and trained by a national guide canis familiaris clan for the blind or for persons with disabilities. MCL 750.49(15)(b).

A corporation licensed under the private security business organisation and security alert act, when a dog trained or used for fighting, or the showtime- or second-generation offspring of a domestic dog trained or used for fighting, is used in accordance with the private security business and security alert human action. MCL 750.49(fifteen)(c).

Additional penalties for fighting animal at large offenses include any of the following:

The courtroom may order that person to pay the costs of prosecution. MCL 750.49(5).

The court may order that person to pay the costs for investigating the violation of this section, disposition of the animal, and housing and caring for the fauna, including, only not limited to, providing veterinary medical treatment. "Disposition" includes the transfer, euthanasia, or adoption of an brute. MCL 750.49(half dozen).

The animal must not be returned to the owner, trainer or possessor of the animal, and must be taken to a local animal command agency for evaluation and disposition. MCL 750.49(xvi).

A person may be charged with, convicted of, or punished for whatever other violation of law that is committed by that person while violating these laws. MCL 750.49(31).

If you lot are accused of any of these crimes, you demand a skilled criminal defense attorney to vigorously protect your rights. In addition to other statutory defenses, you lot may be able to secure an acquittal at trial if the judge or jury is convinced that you had no noesis that beast fighting was taking place at a building you were present in or that you had no cognition that the animals you were convenance were being purchased for the purposes of fighting, baiting or shooting. If the evidence against y'all is strong, an experienced lawyer may be able to negotiate a resolution with the prosecutor that minimizes or eliminates many of the legal penalties. You only become one chance to defend against these serious charges properly.

If you or a loved ane is charged with whatsoever crime and demand strong legal representation, and so exercise non hesitate to contact the experienced lawyers at Kershaw, Vititoe & Jedinak PLC today.

Source: https://www.monroecountylawyers.com/blog/2019/08/what-are-the-penalties-for-involvement-in-animal-fighting-in-michigan/

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