You could be charged with a crime for owning a dog that is trained to attack others.
For many people, a dog isn’t just a companion. Having a dog can also provide a sense of security, alerting you to possible danger and even protecting you. While dogs can be helpful in protecting your home and your family, if you train your dog to fight, attack, or kill, then you could be charged with a crime.
As a criminal lawyer in Los Angeles, CA can explain, the California Penal Code makes it a crime to own a dog that is trained to fight, attack or kill, if:
- The dog bites a person twice or more;
- The dog bites a person once and causes substantial injury.
In addition, the dog bite must have taken place because the owner was negligent or failed to exercise ordinary care. If a person did not know that their dog was dangerous, or if the victim did not take precautions that a reasonable person would take in the same circumstances, then the dog owner cannot be charged with a crime. For example, if the victim was taunting the dog before they were bitten, then the dog’s owner will not likely be charged with a criminal offense.
There is an exemption in this law for dogs that belong to on-duty animal control officers and to police who are assigned to a canine unit. Those individuals cannot be prosecuted for owning a dog that is trained to fight or kill.
Owning an attack dog may be charged as either a felony or a misdemeanor, depending on the facts of a case and the defendant’s criminal history. As a misdemeanor, the crime is punishable by up to one year in county jail and/or a fine of up to $10,000. If it is charged as a felony, then the potential sentence include imprisonment in county jail for two to four years, and/or a fine of up to $10,000. For both felony and misdemeanor crimes, a judge may order probation instead of jail time.
There are potential defenses to this criminal offense. A skilled criminal lawyer in Los Angeles, CA may argue that you had no knowledge that a dog was dangerous. Consider a situation where you adopt a dog from another person, and had no idea that the dog had previously bitten someone. In this situation, because you didn’t know about any prior bites, you cannot be charged with owning an attack dog.
In other cases, you may be able to argue that you were acting as a responsible dog owner, and so you cannot be charged with this crime. As long as you exercised ordinary care, taking the steps that a reasonable dog owner would to prevent dog bites from occurring, it may be a defense to this kind of charge.
Importantly, if your dog bites another person, and you are charged with a crime as a result, then a judge will decide the fate of your dog at a hearing. A judge may order that the dog be removed from your home, or may even order that the dog be put to sleep.
If you have been charged with owning an attack dog, we can defend you against the charges and protect your rights — and potentially your dog’s life. Contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
