Illegal Wildlife Trade Defense in New York

Reliable Criminal Defense Attorneys in New York Ready to Help!

Contrary to popular belief, in the state of New York, residents cannot freely trade in all manner of wildlife. There are certain animals and species which are prohibited from being bought or sold at both state and Federal levels. If you are facing charges of illegal wildlife trade, it is imperative to retain the help of a skilled New York criminal defense lawyer. The laws surrounding wildlife trade in New York are complex and strictly regulated. At Goldberger & Dubin, P.C., we can help you defend your rights and protect your reputation if you are facing these charges. 

Call us today for a free case evaluation at (646) 681-5997!

Understanding Prohibited and Regulated Wildlife in New York

In the state of New York, it is illegal to possess, transport, or cause to be transported a wide variety of animals.

This includes the following:

• Wolves and wolf dog hybrids
• Coyotes and foxes
• Venomous reptiles
• Animals which are considered endangered

The statutes governing the wildlife trade generally do not apply to zoological facilities, research facilities, licensed veterinarians and humane societies, and state universities.

Ivory Regulations in New York

In addition to the above prohibitions, the state of New York has prohibited most forms of the sale of elephant and rhinoceros ivory. Even ivory antiques are heavily regulated by the state of New York. Under federal law, only documented "antique" ivory can be sold. For the piece to qualify as an antique, the owner must have paperwork confirming several facts.

The piece must meet the following regulations:

• It must be at least 100 years old
• It cannot have been modified with endangered species after December 27, 1973
• It must have been imported through an endangered species antique port

Due to these restrictions, selling ivory in the country is difficult to accomplish legally. New York takes this law a step further and imposes even more severe regulations on ivory.

New York dictates the following:

• If an object is composed of more than 20% ivory, it can't be sold, even if it qualifies as antique.
• Vendors selling qualifying ivory must have proper licensing and maintain a rigorously updated inventory
• If a musical instrument is more than 20% ivory, it can be sold, as long as there is a record of ownership prior to 1975.

The penalties for any of these violations can result in steep fines and serious charges, not to mention a loss of property that may indeed be rightfully yours. Make sure that your rights are well-represented if you find yourself in this situation.

Potential Penalties for Illegal Wildlife Trading in New York

Penalties for violating the relevant New York statutes regarding the illegal wildlife trade vary. For example, the law states that if a person is found to be in possession of an animal which is capable of inflicting bodily harm and has failed to exercise due care of the animal, the offender can be charged with a misdemeanor and assessed a fine of up to $500.

Experienced Attorneys Ready to Assist You!

Do not delay in contacting us to discuss your case. In wildlife trade cases, time is of the essence. The authorities may not have the best capability to care for the animal that has been seized, making its quick return to the owner especially important. The laws that govern the wildlife trade in the state of New York can be extremely confusing and complex when applied to real life situations. Due to the nature of animal classifications, and other extenuating factors which may arise in any illegal wildlife trade defense, we highly recommend that you work with one of our New York criminal defense attorneys at Goldberger & Dubin, P.C.

We take the time to understand your needs and circumstances so that we can best provide a defense that perfectly addresses your unique situation. With more than 75 years of experience, our firm can capably handle your case.

If you have been charged with illegal wildlife trade in the state of New York call our offices immediately for a free case evaluation at (646) 681-5997!

Frequently Asked Questions About Illegal Wildlife Trade Defense in New York

What Can Lead to an Illegal Wildlife Trade Charge in New York?

An illegal wildlife trade charge may arise from the unlawful sale, purchase, possession, transportation, importation, or transfer of protected or regulated animals or animal products. The specific circumstances and applicable state or federal regulations can affect the charges involved.

Can I Be Charged for Selling Wildlife I Did Not Know Was Protected?

Potentially. Wildlife regulations can apply to specific species, animals, and animal products regardless of whether someone understood the applicable restrictions. However, the circumstances surrounding the transaction, the person's knowledge, and other evidence may be important to the defense.

Are Federal Wildlife Laws Also Relevant in New York?

Yes. Certain wildlife-related conduct may violate both New York and federal law. Federal protections can apply to endangered species, wildlife transported across state or international borders, and products such as ivory. An attorney can assess which laws may apply to the allegations.

Can I Face Charges for Transporting a Protected Animal?

Possibly. New York regulates the possession and transportation of various animals, and additional requirements may apply depending on the species and circumstances. The legality of transporting an animal can depend on factors such as licensing, permits, and the purpose of the transportation.

What Happens to Wildlife Seized by Law Enforcement?

Authorities may seize animals or wildlife products during an investigation. The handling of a seized animal can depend on its species, condition, and applicable regulations. A defense attorney can work to protect your legal interests and address issues involving property or animals taken during the investigation.

Can I Get Seized Wildlife or Property Returned?

Possibly, depending on the circumstances and applicable law. Whether property or an animal can be returned may depend on ownership, licensing, the reason for the seizure, and whether authorities allege that the property itself is contraband or evidence.

What If the Wildlife Was Purchased in Another State?

Purchasing an animal or wildlife product elsewhere does not necessarily make its possession or sale legal in New York. State and federal requirements may apply when wildlife enters New York or is transported across state lines. The source and history of the animal or product may therefore be important to the case.

Can Wildlife Trade Charges Affect My Professional License?

They can potentially create professional consequences depending on your occupation and licensing requirements. Veterinarians, animal-care professionals, researchers, and others whose work involves regulated animals may face additional concerns if criminal allegations affect their professional standing.

What Evidence Can Be Used in an Illegal Wildlife Trade Case?

Evidence may include photographs, videos, purchase or sales records, communications, shipping documents, permits, licenses, physical wildlife or animal products, and statements made during an investigation. The prosecution's evidence should be carefully reviewed to determine whether it was lawfully obtained and actually supports the charges.

Why Should I Hire a New York Attorney for an Illegal Wildlife Trade Case?

Wildlife-related cases can involve overlapping state and federal regulations, specialized classifications, licensing requirements, and significant property concerns. An experienced New York criminal defense attorney can examine the allegations, investigate the evidence, identify potential defenses, and protect your rights throughout the case.

How Does New York's New Pet Breeding Law Affect Wildlife Trade Charges?

New York's Puppy Mill Pipeline Act prohibits pet stores from selling dogs, cats, and rabbits and changed how certain pet dealers and breeders are regulated. Although the law primarily concerns domesticated animals rather than wildlife, allegations involving the unlawful sale, transfer, or breeding of animals can raise overlapping state regulatory and criminal issues. If you are being investigated or charged in connection with animal breeding or sales, an attorney can review the specific allegations, applicable licenses, and circumstances surrounding the animals involved.