#FloridaLaw #AnimalCruelty #CriminalCharges #HOA #Livestock
Hey neighbors, I need your input on a tough situation I’m dealing with. 🤔 Recently, my neighbor’s reckless behavior led to one of his projectiles hitting and killing one of my livestock animals, resulting in a significant financial loss.
I’ve reached out to his HOA, but I’m wondering about the legal implications of his actions. Here’s what I’m considering:
– Could he be charged with misdemeanor animal cruelty or nuisance?
– Does his knowledge of the risk he poses amount to criminal mischief?
– If a child had been harmed, would this constitute child abuse?
Any thoughts on what criminal charges he could face would be greatly helpful! 🙏 It seems like law enforcement is hesitant to take action, so arming myself with information could be key. Let’s share our knowledge and brainstorm solutions together. 🤝
Could you elaborate a bit more on “hits projectiles”?
Edit: also a cursory googling seems to show that if the animal killed was a horse or a cow (assuming so with that cost) it may be a class 2 felony under FL Stat § 828.125 (2023)
Only the police or a prosecutor can tell you what laws he may be violating and, more importantly, whether they will arrest and prosecute him. A photo of the dead livestock may help. Making him aware of the likely consequences of his actions could increase the magnitude of any subsequent crime, ie moving from negligent to reckless to willful.
Call the game warden, they will be able to help you out more than the police department
What did the LEO say when you called and reported it, and they came to investigate?
NAL!!! What if you threaten/file a lawsuit against your neighbor AND the HOA? That would throw fear in the heart of the HOA I would think (and therefore your neighbor). If they have a heart.
You are avoiding saying golf balls. Why? Also, did anyone witness it?
I missed if it is elsewhere, but be prepared to convincingly demonstrate that a “livestock” worth $10,000 was (instantly?) killed by a golfball. Also be prepared to demonstrate the value of the “livestock.” What animal was it?
Thank you for the edit, OP! I’m very sorry about the loss of your horse (as a horse owner myself). I think you may have a proof problem if noone actually witnessed the incident, but I wish you luck. Was it insured?
Is there some sort of golf ball sized indentation in this cow, sheep, goat or pigs skull?
You say you contacted his HOA – did you contact the homeowner?
You are not going to be able to have this prosecuted in any meaningful way. Unless the house was a few feet apart in front of them when they hit the ball, this isn’t even criminal negligence.
It was an unfortunate accident. They are still liable for the damages through civil action, but this will never be prosecuted, nor should it based on what you have said so far.
There could potentially be a strict liability statute, but it is extremely unlikely so I am not even going to bother, because again, it won’t be prosecuted.
Can you prove it was a golf ball that killed the animals?
Go to a lawyer not the cops. Cops don’t know crap about pressing charges properly. They get told by higher attorneys how and what to do to press charges.
NAL: You may reach out to the FDACS and see if they’ll start a case file or report. Probably a better angle than implying the cops you want help from are lazy or ignorant.
Edit:NAL
The problem is that no one witnessed the neighbor hit the golf ball that killed your horse. A civil case is the way to go.
Sounds civil, not criminal.
LEOs aren’t lawyers. You might get traction with the district attorney’s office, but honestly this does not sound like it meets the mens rea for criminal prosecution.
You guys are fucking dumb. A golf ball can easily kill a person or animal.
Do you have insurance for the horse?
I’m a lawyer but not your lawyer, so take that with a grain of salt, I also don’t practice in Florida. There are a number of issues here in relation to any criminal charges. They mostly surround proof, intent, and causation. Frankly, a civil case is not going to be the easiest if there is a decent attorney on the other side.
File the claim on your insurance (assuming covered if you use the animal in a professional context) and have them prosecute any civil claims should they be so inclined. Good luck.
We had a neighbors dog kill some of our livestock before we shot down the dog. We fired plenty of warning shots and it was wouldn’t stop. We didn’t know it was our neighbors dog until we saw a random man calling for his dog around the trees. They ended up calling the cops thinking we were in the wrong. Well, when the cops came they asked us if we wanted to press charges on the neighbors. We denied because we knew it was unintentional. Later that week the neighbor offered us one of his large goats. (Turns out it wasn’t even the neighbors dog. It was a friend of theirs who was visiting from New York and was staying with them while driving through. This all happened in TN)
No intent, no crime. This is purely a civil case, not a criminal case.
Have you reported this to your insurance? They should be the one’s carrying the suit against neighbor
> I am specifically asking for help in identifying what FL statutes this could be prosecuted under as law enforcement officers seem hesitant to do anything at all aside from warning my neighbor
You are almost certainly looking at this in a way that will increase the cost of achieving the result you already have.
The police have broad discretion to decide how to proceed with complaints, even where there likely has been a crime. If they are inclined to deal with this via a warning, then it is _very_ unlikely you will persuade them to instead prosecute your neighbour. You could come to the police with a complete and well-reasoned argument for specific offences and still find that they stop at a warning, and that they are disinterested in further action at this time.
It is fairly likely that civil recourse will be far more effective at persuading your neighbour to stop driving golf balls at your home. Even if – as is possible – his liability ultimately comes out of an insurance policy, his rates will likely go up because of it, and if he pays out of pocket then he will have a $10k reminder to golf responsibly in the future.