One question we often get has to do with attacking dogs. I have no animosity against dogs. In fact, I am a proud and loving dog owner.
Unfortunately though, situations happen when a lawful gun owner, or family member, is attacked or threatened by an aggressive dog.
Under Pennsylvania law it is lawful for you to shoot a dog if it’s attacking you, another person or your domestic animal. If that’s the case then there is no crime and you can put down that attacking dog. Under 3 Pa.C.S. § 459-501:
(a) Legal to kill certain dogs.–Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act. There shall be no liability on such persons in damages or otherwise for such killing.
On the flip side, there is the animal cruelty statute that has been massively expanded so it’s worth talking about to make sure that we know what the law is. It is always important to stay on the right side of the law and know how prosecutors can potentially try and twist the situation.
The aggravated cruelty to animal statue in Pennsylvania states:
§ 5534. Aggravated cruelty to animals.
(a) Offense defined.–A person commits an offense if the person intentionally or knowingly does any of the following:(1) Tortures an animal.
(2) Violates section 5532 (relating to neglect of animal) or 5533 (relating to cruelty to animal) causing serious bodily injury to the animal or the death of the animal.
(b) Grading.–A violation of this section is a felony of the third degree.
This makes it a crime to torture an animal or cause serious injury or death to an animal.
or to intentionally knowingly or recklessly engage in a course of conduct that is going to result in the death or serious bodily injury of an animal.
Let me tell you, over my career I have handled a number of murder cases. Murder cases are emotionally draining for everyone involved but a death of a dog case is even more so. I’ve seen people become quite distraught, even more than if their husband or wife had been murdered quite frankly. Prosecutors know this and position their case to appeal to the emotions of the jurors. This is why knowing the law and having the right defense attorney is so important.
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- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
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This is our promise to you. Call today to get us on your side: (717) 657-3900.
