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
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
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
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
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
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