Fairfax Prosecutor Clarifies Position On Animal Cruelty Cases

FAIRFAX COUNTY, VA — After reports about how Fairfax County's Commonwealth's Attorney Steve Descano's office will no longer prosecute misdemeanor animal cases drew backlash from animal advocates, the prosecutor said the reports are false.

"Animal cruelty is a disturbing and pernicious act that is unacceptable and sadly present at times in any community," reads a statement from Descano. "Perpetrators of animal cruelty should always be held accountable and I would never do anything to jeopardize the process to bring them to justice."

Before learning about Descano's clarified position on animal cruelty cases, Mike Bober, president and CEO of the Alexandria-based Pet Industry Joint Advisory Council, expressed concerns about misdemeanors going unprosecuted. He told Patch there can be a connection between animal violence and domestic violence, and unpunished perpetrators could be emboldened to commit felony crimes against animals or people. When speaking to Patch, he acknowledged Descano was preparing to clarify his position on animal cruelty cases.

"Ultimately we want to make sure this is not indicative of the community softening its position on animal wellbeing," said Bober, who is also a pet owner in Fairfax County.

Descano said in the statement his office is not typically involved in the majority of the county's animal cruelty cases. He said there is a "proven process" in cases where his office is not involved.

The commonwealth’s attorney’s office website lists the kinds of cases it is involved in. This includes all felony cases in the county's Juvenile and Domestic Relations District Court, General District Court, and Circuit Court, as well as various misdemeanor matters.

According to the Pet Industry Joint Advisory Council, these kinds of animal-related offenses are misdemeanors as defined by Virginia law:

• Care of companion animals by owner; penalty (Class 4 misdemeanor; subsequent offenses are Class 2 and Class 3)
• Abandonment of animal; penalty (Class 1 misdemeanor)
• Commercial dog breeding operations penalty (Class 1 misdemeanor)
• Transporting animals; requirements; penalty (Class 1 misdemeanor)
• Misrepresentation of animal's condition; penalties (Class 3 misdemeanor)
• Disclosure of animal bite history; penalties (Class 3 misdemeanor)
• Sale of unweaned or certain immature animals prohibited, vaccinations required for dogs and cats; penalty (Class 3 misdemeanor)
• Failure of dealer or pet shop to provide adequate care; penalty (Class 3 misdemeanor)
• Pet shops; procurement of dogs; penalty (Class 1 misdemeanor)
• Dealers; importation and sale of dogs; penalty (Class 1 misdemeanor)
• Boarding establishments and groomers; veterinary care requirements; consumer notification; penalty (Class 1 misdemeanor)
• Written notice of consumer remedies required to be supplied by boarding establishments; penalty (Class 3 misdemeanor
• Control of dangerous dogs; penalties (Class 1 and 2 misdemeanors)
• Animal control officers and humane investigators; limitations; records; penalties (Class 1 misdemeanor)
• Preventing cruelty to animals; interference; penalty (Class 4 misdemeanor)
• Cruelty to animals; penalty (Class 1 misdemeanor)
• Sale of animals after cruelty or neglect conviction; penalty. (Class 1 misdemeanor)
• Animal fighting; penalty (Class 1 misdemeanor)
• Shooting birds for amusement, and renting premises for such purposes; penalty (Class 4 misdemeanor)
• Hybrid canine ordinance; penalty (Class 3 misdemeanor)
• Unlawful acts; penalties (Class 4 misdemeanor)
• Intentional interference with a guide or leader dog; penalty (Class 1 misdemeanor)
• Dangerous captive animal exhibits violation; penalty (Effective July 1, 2021, Class 3 misdemeanor)

A class 1 misdemeanor can lead to up to 12 months in jail, a fine of up to $2,500, or both. A class 2 misdemeanor could lead to up to six months in jail, a fine of up to $1,000, or both. Class 3 and 4 misdemeanors are punishable by fines up to $500 and $250, respectively.