BREVARD COUNTY, Fla. -- The lawyer for a woman who admitted to abusing her dog says the animal has no rights and his client shouldn’t have to go to jail while she appeals her sentence.

Christine Abrams pleaded no contest to caging a dog until it starved.

“It does seem like a never ending battle,” said animal rights activist Holly Gann. “We want her to go to jail.”

Abram's lawyer argued she has always shown up for court. Prosecutors put up little fight since the appeal will take about as long as the 8 month jail sentence itself. The judge allowed Abrams to go free for now. He attorney said she's remorseful, but doesn't want to be locked up like the dog she killed. He believes his client’s rights were violated by an illegal search of her home.

When asked if the dog had rights, attorney Andrew Stein said, “I'm not sure a dog has a right if you ask me. I don't believe dogs have rights.”

To the outrage of animal rights activists, Stein equated his client's crime with eating beef or chicken.

“I think all animals are here for us,” said Stein.

“Six weeks went by and the dog’s little paw is sticking out through the cage trying to reach the food,” said Theresa Clifton of the Central Brevard Humane Society. “There was food and water outside the cage. That's cruel and unusual punishment.”

Abrams might end up in jail anyway. Her attorney said she's out of money, but the judge ordered a $5,000 bond to be posted by noon Friday, or she must turn herself in.