Animal Cruelty Charges – Mail Carrier Catches Miami Man Punching Dog
March 30, 2023 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share
A person who chooses to physically harm an animal in Florida can face felony charges of animal cruelty. Florida authorities insist on protecting animals who cannot speak up for nor protect themselves. Therefore, there are specific penalties set in place for those who abuse animals.
In one recent case, a Miami man is facing felony charges for animal cruelty after being spotted hitting his dog. This page will provide the case details along with information on the relative Florida charges.
What was the Incident?
John Marvin Guadamuz, 19, was arrested in Miami after a mail carrier spotted him punching his dog. According to the report, the U.S. Postal Service mail carrier was making her deliveries to the Silver Court Trailer Park around 9:20 am Tuesday when she heard the sounds of a dog crying. She then saw Guadamuz punching the animal.
The mail carrier told the suspect to stop, to which he responded that the dog was his property. Guadamuz then continued to hit the dog. Only when the witness took out her phone and threatened to call the police did Guadamuz stop hitting the dog. He then approached the mail carrier, grabbed her phone, and threw it on the ground.
The mail carrier’s phone screen broke from the act, but she tried to grab it and said again that she was going to call the police. Guadamuz then walked up to her and stole her phone and wallet after a “brief struggle” with the woman. He then got into a silver Hyundai with a woman and the two drove off.
Another witness saw a phone and wallet get thrown out of the car and into the front of a Home Deport on 3030 SW Eighth St. The witness who spotted the belongings recognized the mail carrier from her ID and it was later returned to its owner.
The report indicated that the mail carrier has known Guadamuz since he was a teenager. She claimed to have had “multiple encounters” with him in the past. The following day, police arrived at Guadamuz’s trailer and arrested him for the incident.
Guadamuz is now facing charges of animal cruelty with the intent to injure or kill, and strong-armed robbery.
Animal Cruelty Charges
In Florida, animal cruelty can result in either a misdemeanor or a felony charge. Under Florida Statute Section 828.12, any person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal can be charged with a first-degree misdemeanor offense. Similarly, having a dog in any type of vehicle in a cruel or inhumane way can result in a first-degree misdemeanor. The penalties for a first-degree misdemeanor include up to a year in jail and up to $1,000 in fines.
Any person who intentionally commits any act to an animal, or the owner of an animal who neglects them and results in their death, excessive or repeated abuse and causes unnecessary pain or suffering can be charged with a third-degree felony offense. This is considered aggravated animal cruelty. In Florida, the penalties for aggravated animal cruelty include up to five years in prison and up to $5,000 in fines.
When a person is accused of a robbery offense, it falls under two categories: armed and unarmed robbery. Florida Statute Section 812.13 defines robbery as the taking of money or other property which may be the subject of larceny from the person or custody of another, with the intent to temporarily or permanently deprive them of their property.
Larceny can be defined as either (1) the taking or exercising control over property, (2) using, disposing, or transferring of property without any authorization, or (3) obtaining property by fraud, willful misrepresentation of a future act, or a false promise.
Also referred to as “unarmed robbery,” strong-armed robbery is when a person takes another person’s property to temporarily or permanently deprive the victim of their belongings. Unlike an armed robbery, a strong-armed robbery offense implies that there was no firearm or weapon used in the commission or attempt of the crime.
However, the defendant has allegedly used the threat of force, violence, or instilling fear into the victim in order to rob them and deprive them of their belongings. In Florida, a strong-armed robbery offense is considered a second-degree felony. The penalties for a second-degree felony include up to 15 years in prison and up to $10,000 in fines.
Finding a Defense Attorney in Tallahassee, Florida
If you or someone you know has been arrested for a crime, the first step should be seeking out legal help. Most citizens do not have a full understanding of the legal landscape, and this is where an attorney can help. When dealing with criminal charges, you want a criminal defense lawyer on your side who is going to protect your rights and fight for your case.
The defense attorneys at Pumphrey Law Firm have years of experience representing those accused of crimes in Florida. Don Pumphrey and his team provide top-quality defense while making sure your case is vigorously fought for. Contact Pumphrey Law Firm today and receive a free consultation regarding your case. Call us at (850) 681-7777 or leave an online message on our website.
Written by Karissa Key