Just think of it like this, no you can't, innless someone can prove that you where doing something cruel and stupid.

So, you shoot at a squirrel at 30 yards with a 11.5ft/lb rifle, it takes one of the shoulder and limps off, you did everything in your power to make sure it was a clean and safe kill, you didn't set out to do anything cruel intentionally and hence, didn't do anything cruel (Incluiding trying to retrive said quarry).

If, on the other hand you where taking 80'yard pot shots with some BB gun you bought at a local market, you might be done for the obvious reasons.