Quote (Psycho- @ Apr 4 2011 09:15pm)
animal cruelty and abuse is a taken very seriously these days. go tell all the people currently serving jail time for animal cruelty that no one cares they killed the animals that got them incarcerated. you seem to think no one takes this seriously and you are quite wrong. if you kill someones pet and they care enough to pursue charges you better believe you're going to see them in court.
Animal cruelty and abuse are serious crimes. The problem is, with abuse and cruelty you can prove it because of starvation, not having shots, burn marks, stab wounds, etc. In a case of dead dog vs person claiming self defense, you are in an entire different realm. For one, since a handgun was used it will almost always be handled by either the sheriffs department or the local city pd. Now the police department typically won't give a shit about animal cruelty, because it simply isn't their realm of knowledge, so if they determine the person was no criminal action in shooting the dog, the police are going to give up and go home. This leaves the already horrendously overworked humane society, they have more cases of abuse than they have investigators, and once they see a dog shot in self defense when it was off leash/not pinned in, their going to probably call the owner and ask about the dog and if anybody saw what happened, and then probably give up. It may not be right, but that is the way it is. The dog owner could still sue for civil damages, and they could even win, but that would still in no way hold the person criminally liable.
It is too expensive to try a case and there is not enough evidence to convince a judge to go to trial. **The exception would be if there are any prior convictions for animal abuse or any other violent charges. (most of which would be a felony, and since the person is assumingly carrying a legal handgun they don't have felony convictions.)