Between 2001 and 2003, the Center for Disease Control and Prevention (CDC) claims there were 4.5 million victims of dog bites per year, based on data collected from a survey. It is clear that dog bites are relatively common, however, it may not be clear the extent of responsibility for the owner. The laws may vary significantly, not only between states, but between localities as well. For example purposes, this article will assume the state of Virginia.
For many cases, criminal charges for a dog attack will require the dog to have been previously declared dangerous or vicious. A few scenarios that will deem a dog dangerous:
- The dog has inflicted serious injury on a companion animal, such as another dog or cat. If the injury is not significant, if the owner owns both the animals involved in the altercation, or if the dog attacked the other animal while on the owner’s property, the dog may not be considered dangerous.
- The dog has inflicted a non-minor injury to a person. If the dog was on the owner’s property and was defending its owner, itself, or its offspring, the dog will not be deemed dangerous.
The owner will be required to register the dog as dangerous and will be subject to initial and annual fees. There are many requirements concerning the dangerous dog’s care.
If the owner of a dangerous dog is under 18, the guardian of the owner shall be held responsible for the actions of the dog. Once the dog is declared dangerous, the following may be considered violations of the law:
- If the dangerous dog injures or kills another dog or cat that is a companion animal to another person, the owner may be subjected to a class 2 misdemeanor. In Virginia, conviction of a class 2 misdemeanor can result in a maximum 6 months of jail time and or a maximum fine of $1,000.
- If the dangerous dog attacks or injures a person, the owner of the dog may be convicted of a class 1 misdemeanor. In Virginia, these misdemeanors can result in jail time not to exceed 12 months and or a fine not to exceed $2,500.
- The above violations may be dismissed if the dog was responding in defense of itself, its kennel, its offspring, its property, or if the dog was defending a human.
Defending a Dog Attack
As with nearly all law, definitions and regulations can vary between states and localities. If you are being charged in a criminal case due to the aggressive behaviour of your dog, contact a criminal defense attorney immediately. Depending on the case details, the attorney may be able to develop a defense to decrease the charges or even dismiss the case. If you need answers to any more questions or feel that you are a victim of a dog attack contact criminal lawyer Bloomington IL turns to.
Thank you to Pioletti & Pioletti Attorneys for providing insight on dog attacks and the charges one may be subjected to.