PHOENIX – For some time, two neighbors had been having issues over one of their dog’s barking. According to the police, one of the men decided to shoot his neighbor’s dog with a pellet gun, an incident which ultimately led to his arrest. It all unfolded one day in December; the dog’s owner was in his backyard when he heard a pellet gun being shot from what sounded like his neighbor’s home. According to reports, the victim’s Rottweiler wasn’t barking at the time of the shooting. Instead, he had been sitting quietly on top of a covered outdoor pool table before he was shot. When the neighbor fired the pellet gun, he yelped in pain and jumped off the pool table. The dog’s owner saw his neighbor, J. Thomas Schneider, 35, duck down from the second-story window of his home and then shut it. Schneider then exited his home, got into his vehicle and drove off. The victim decided to take his dog to the vet to get checked out. The vet confirmed that the dog was in fact shot with a pellet gun. The dog was shot in the shoulder and a pellet was embedded deep in his flesh. Another pellet was found in the Rottweiler’s neck. According to the victim, he and Schneider have been arguing over his dog’s barking. He said that previously, Schneider threw small, but loud fireworks at his dog and house, and he blasted an air horn over the fence that separates their two homes. The victim had evidence against his neighbor. He was able to provide police with a video of his dog being shot and an expended cardboard fireworks case. On Tuesday, Jan. 19, the police served a search warrant on the suspect’s home, but they found much more than they bargained for. The search uncovered mushrooms, Xanax (which Snyder said he had a prescription for), evidence of heroin use, drug paraphernalia, and a large bag of firecrackers. Not only is Schneider facing charges for inflicting physical injury upon an animal, he faces several drug charges, some of which are dangerous drug violations, CBS 5 reports.
Is Animal Cruelty a Felony in Arizona?
Cases like this one are charged under ARS 13-2910, Arizona’s animal cruelty statute. The law covers intentionally, knowingly, or recklessly subjecting an animal to cruel mistreatment, neglect, abandonment, or unnecessary physical injury. Depending on the specific conduct and the defendant’s state of mind, animal cruelty in Arizona can be charged at three different levels:
- Class 1 misdemeanor — reckless neglect or abandonment; punishable by up to 6 months in jail and up to $2,500 in fines.
- Class 6 felony — intentionally or knowingly subjecting an animal to cruel mistreatment; punishable by up to 2 years in prison for a first offense.
- Class 5 felony — the most serious tier, reserved for intentional torture or the most severe cruelty; punishable by up to 2.5 years in prison, or longer with prior felony convictions.
Intentionally shooting an animal with a weapon — as alleged in this case — is the type of conduct prosecutors typically charge at the felony level rather than as a misdemeanor, because it involves a deliberate act rather than neglect.
What Do the Drug Charges Add to This Case?
When police execute a search warrant related to one crime and find evidence of another — as happened here — additional charges are common. Based on the substances reportedly found, this case could involve charges under more than one Arizona drug statute:
- Possession of a dangerous drug (ARS 13-3407) — a Class 4 felony, though Arizona’s Proposition 200 generally requires probation and treatment rather than prison for a first or second personal-possession conviction.
- Possession of drug paraphernalia (ARS 13-3415) — typically a Class 6 felony, often charged alongside a possession count.
- A valid prescription is a recognized defense to a possession charge, which is why the specifics of any prescription (as referenced for one of the substances in this case) matter to how the case is ultimately resolved.
Facing an animal cruelty charge and multiple drug charges from the same search means the case has several independent moving parts — each with its own elements the prosecution must prove and its own possible defenses.
Key Takeaways
- Intentionally injuring an animal in Arizona can be charged as a felony, not just a misdemeanor, under ARS 13-2910.
- A single search warrant can lead to charges well beyond the crime it was issued for — in this case, animal cruelty plus separate felony drug counts.
- Dangerous drug possession (ARS 13-3407) and drug paraphernalia possession (ARS 13-3415) are prosecuted as distinct offenses, even when they arise from the same arrest.
- A valid prescription, lack of intent, or challenges to how evidence was obtained are all potential defenses that depend entirely on the facts of the case.
Frequently Asked Questions
Is Animal Cruelty a Felony in Arizona?
It can be. Under ARS 13-2910, animal cruelty is charged as a Class 1 misdemeanor for reckless neglect or abandonment, but intentional or knowing acts of cruelty are charged as a Class 6 or Class 5 felony, carrying up to 2.5 years in prison.
What Is the Penalty for Possession of a Dangerous Drug in Arizona?
Possession of a dangerous drug under ARS 13-3407 is a Class 4 felony. Under Arizona’s Proposition 200, a first or second conviction for personal possession generally results in probation and treatment rather than prison time.
Can You Be Charged With a Crime Discovered During an Unrelated Search Warrant?
Yes. If a search warrant is executed for one alleged offense and officers find evidence of an unrelated crime — such as drugs or paraphernalia — that evidence can support separate charges, as long as the search itself was lawful.
Is Having a Prescription a Defense to a Drug Possession Charge in Arizona?
A valid, current prescription for the specific substance found can be a defense to a possession charge. Whether it applies depends on the medication, the prescription’s validity, and the amount found.
What Should You Do if You’re Facing Multiple Charges From the Same Arrest in Phoenix?
Because each charge has separate elements the prosecution must prove, it’s important to have an attorney evaluate every count individually rather than assuming one charge determines the outcome of the others.
Are you facing criminal charges in Phoenix? Contact Attorney Joshua S. Davison to work with a former prosecutor who is licensed to practice in all Arizona state and federal courts!
