If someone threw a cat or dog in the lake but it swims, is it still animal cruelty?

Last week someone with bad intention threw my friend's poodle on the lake and left. Fortunately it knew how to swim (it's been trained before) and came back. My friend is trying to find that lowlife.

Would that still classify as animal cruelty? If someone threw a cat or dog in the lake but their plan gladly backfires and it can swim back?
If someone threw a cat or dog in the lake but it swims, is it still animal cruelty?
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