Could You Be Charged with a Crime if Your Dog Bites Someone?
The American Veterinary Medical Association (AVMA) reports that more than 4.5 million dog bites occur across the country every year and 800,000 of those bites require medical attention. 1 You may be wondering what happens to the owners of those dogs and if you could be charged with a crime if your dog bites someone.
Depending on the circumstances surrounding the case, you could be charged with a crime if a dog you own bites or attacks someone. California Civil Code Section 3342 makes a dog owner responsible for bites that occur on their property, regardless if the owner knew the dog was vicious.
California Dog Bite Cases
California deals harshly with certain types of dog attacks. Take the case of a San Francisco woman whose large dog killed another woman in the apartment building where they lived. The dog owner was convicted of second-degree murder. 2 On appeal, the court agreed with the initial conviction, saying the woman knew her dog was dangerous and that she endangered others by keeping the Presa Canario dog. Under California Penal Code Section 190(a) the woman would serve a minimum of 15 years in state prison.
In another California case, a woman was convicted of assault with a deadly weapon after she commanded her dog to attack someone. 3 Under California Penal Code 245 PC(a)(1), assault with a deadly weapon carries a punishment of up to four years in state prison.
In a third case, a man in California was convicted of involuntary manslaughter after his chained dog attacked and killed a two-year-old child. 4 According to California Penal Code Section 193, involuntary manslaughter carries a sentence of two, three, or four years in county jail.
California Dog Bite Laws
California Civil Code Section 3342 says that you are liable for damages if your dog bites someone. However, there are certain situations where you may not be held liable, these include if the person that was bit was:
- Breaking the law
- Trespassing
- Provoking the dog
- Knowingly risked getting bitten by the dog
Be aware that children are most the most common group of people to get bitten by dogs. In California, children under the age five, even if trespassing, provoking the dog or following their parent’s orders, cannot be held liable for their action. Therefore a provocation defense would not apply if your dog bit a child.
Call Wallin & Klarich Today
If you or a loved one has been charged with a crime because your dog bit someone, it is critical that you contact a Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys have over 40 years of experience successfully defending clients against serious criminal charges such as murder and assault with a deadly weapon. We will analyze the facts of your case and plan a defense strategy that will help you get the very best outcome possible in your case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will be there when you call.
1. [https://www.avma.org/public/Pages/Dog-Bite-Prevention.aspx?utm_medium=widget&utm_content=infographic]↩
2. [(People v. Noel, 128 Cal. App. 4th 1391, 28 Cal. Rptr. 3d 369 (2005))]↩
3. [(People v. Nealis, 232 Cal. App. 3d Supp. 1, 283 Cal. Rptr. 376 (1991))]↩
4. [(“Pit Bull Owner Handed Three-Year Prison Term,” San Francisco Recorder, Feb. 20, 1990.)]↩
