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| STARLAW.US |
If
you have a dog that attacks someone who is walking by, or you get in a fight
and use your dog as a weapon, you could face huge criminal penalties. Make sure
to get the right criminal lawyer on your side as soon as possible to reduce the
charges and get things back on track.
Dogs
as Dangerous Weapons
Having
a dog does not mean that you are going to inherently end up in jail because you
have them as weapons. Most dogs are just fine and don’t cause any harm to other
people. But, once the dog is considered deadly or dangerous, there can be some
stiff penalties put in place. If your dog was able to inflict serious harm on
another person, it is likely that they will then be counted as a deadly weapon.
This can further complicate the issue if you were already being charged with
assault as you now are being charged with assault with a deadly weapon.
On
the other hand, if you just threatened the victim with the dog, there are a few
more steps that need to be taken. For example, the prosecution must then prove
that your dog was actually capable of injuring or even killing someone else
before the court will see them as a deadly weapon.
Some
of the things that the courts have used in order to determine whether your dog
may be deadly or dangerous include:
The dog’s breed—the type of
breed of your dog will make a huge difference. A little fluffy dog probably
isn’t dangerous, but a pit bull can make things hard.
The dog’s size—the bigger
the dog, the more likely they can cause injury to the other person.
The victim’s size—if the
victim is a child, the size of the dog doesn’t have to be quite as big to cause
injury so this is considered as well.
If the dog is trained—if the
person has trained their dog to attack, they could be charged with using this
as a weapon.
Commands the dog was given—if the owner was telling the dog to attack the other person, then the dog
is a weapon and will be treated as such in court.
Injuries to victim—even with
all the other parts, there needs to be some injuries present. A little scab
that didn’t even break the skin isn’t going to be considered as much as some
serious flesh wounds.
Getting
Your Defense
If
you are being charged with using your dog as a weapon, it is important to find
the right criminal defense team to help you out as soon as possible. A good
team will be able to come up with the defense you need to get out of trouble
and will take some time to look at your dog and see if these factors are in
place. Even if the dog is considered a deadly weapon, the right lawyer can make
the court process easier and ensures that things go your way.
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