How I to press charges against my neighbor for intentionally running over and killing our kitten? 27 Answers as of September 03, 2012

Are 2 witnesses enough to have him convicted?

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Victor Varga | Victor Varga
Call the police and press charges for animal cruelty and you can also sue him civilly.
Answer Applies to: Maryland
Replied: 9/3/2012
Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Although your Question involves an "injury" your question really involves criminal law as you are asking how you can "press charges" and get your neighbor "convicted." Questions primarily involving criminal law are outside my areas of practice. As such, I cannot provide a definitive answer to your question. You might, if you have not already done so, contact the police or law enforcement as well as your local animal control. In addition, I would suggest re-asking your question and list "Criminal" as the Category.
Answer Applies to: Nebraska
Replied: 8/27/2012
Law Office of Melvin Franke | Melvin Franke
You must file a police report.
Answer Applies to: Missouri
Replied: 8/27/2012
Mosley, Engelman & Jones, LLP
Mosley, Engelman & Jones, LLP | Britany M. Engelman
Yes, I would think 2 witnesses would suffice.
Answer Applies to: California
Replied: 8/27/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
Go to the police and have them bring charges.
Answer Applies to: Rhode Island
Replied: 8/27/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Animals are property; at least that is how the law views pets. You may be able to have the neighbor charged with animal cruelty but proving his acts were intentional may be an uphill battle.
    Answer Applies to: Iowa
    Replied: 8/27/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Other than civil action, you cannot "press charges" and have someone convicted. The DA does that. Call the cops.
    Answer Applies to: California
    Replied: 8/27/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Go to the magistrate and swear out a warrant. Two witnesses are enough.
    Answer Applies to: Virginia
    Replied: 8/27/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Report it to the cops. Also the ASPCA. File a small claims lawsuit against him.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    If you think a crime has been committed, you have to call the police. If you want to sue, you have to prove your case, including the money amount of the damages.
    Answer Applies to: Washington
    Replied: 8/27/2012
    Mike Yeksavich | Mike Yeksavich
    Contact the city prosecutor
    Answer Applies to: Oklahoma
    Replied: 8/23/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Call the cops. Only the city atty or the county atty can bring criminal charges. You can sue for damages but a new cat is worth very little.
    Answer Applies to: Montana
    Replied: 8/23/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    I am sorry to hear about this incident. If you truly feel your neighbor intentionally ran over your kitten and you have witnesses, that would likely be considered a case of animal cruelty, which is a criminal charge. I would contact your local police and ask to make a complaint and press charges.
    Answer Applies to: Arizona
    Replied: 8/23/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Call animal control.
    Answer Applies to: Nevada
    Replied: 8/23/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    Contact your local police department.
    Answer Applies to: Massachusetts
    Replied: 8/23/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    Contact the police immediately and they will refer the matter to the prosecutor for charges if evidence merits. 2 witnesses are sufficient assuming they have personal knowledge of what occurred, as opposed to being told by others what happened.
    Answer Applies to: Washington
    Replied: 8/23/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You need to contact the police
    Answer Applies to: Connecticut
    Replied: 8/23/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You report it to the police.
    Answer Applies to: South Carolina
    Replied: 8/23/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    You should talk with the animal control authorities in your jurisdiction. They are often the folks responsible for charging animal cruelty matters. If you've had prior episodes with this neighbor, you may want to contact an attorney about an action against the neighbor for intentional infliction of mental distress.
    Answer Applies to: Georgia
    Replied: 8/23/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Have you called the police? Having witnesses is critical. The California Penal Code section 597 addressed animal cruelty, including killing of an animal: (a) Except as provided in subdivision (c) of this section or Section 599c, every person who maliciously and intentionally maims,mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of a crime punishable pursuant to subdivision (d). . . . (d) A violation of subdivision (a), (b), or (c) is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170,or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars($20,000), or by both that fine and imprisonment. . . . (h) Notwithstanding any other provision of law, if a defendant is granted probation for a conviction under this section, the court shall order the defendant to pay for, and successfully complete, counseling, as determined by the court, designed to evaluate and treat behavior or conduct disorders. If the court finds that the defendant is financially unable to pay for that counseling, the court may develop a sliding fee schedule based upon the defendant's ability to pay.....
    Answer Applies to: California
    Replied: 8/23/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Call the police or your local SPCA. Good luck.
    Answer Applies to: New York
    Replied: 8/23/2012
    Downriver Injury and Auto Law | Michael Heilmann
    Prosecution is up to the city attorney. Filecomplaint with police department.
    Answer Applies to: Michigan
    Replied: 8/23/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You have to convince the cops that a crime was committed. I have dealt with assault victims who can't even get the police to take a statement, let alone charge anyone.
    Answer Applies to: New York
    Replied: 8/23/2012
    Ezim Law Firm | Dean Esposito
    File a civil suit against him.
    Answer Applies to: Louisiana
    Replied: 8/23/2012
    Blaske & Blaske, P.L.C.
    Blaske & Blaske, P.L.C. | John F. Turck IV
    If you want to pursue criminal charges, you'll have to ask the prosecutor's office to investigate (did you contact the police?), but you can't bring criminal charges yourself. If you want to bring a civil suit against your neighbor, you'll need to contact an attorney. There is no set number of witnesses you need to have him convicted. If it's a criminal case, the state needs to present evidence showing his guilty beyond a reasonable doubt. In a civil case, the standard is relaxed (typically a "more likely than not" standard in a negligence case, although if you bring an intentional tort claim against him the standard likely will be between the two).
    Answer Applies to: Michigan
    Replied: 8/23/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Call the police an make a complaint.
    Answer Applies to: Michigan
    Replied: 8/23/2012
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