Q: Can someone go to jail just for owning a dog who bit someone else's dog?
Someone I know has a dog that bit another dog and the owner is suing them and my friend says they can go to jail just for owning a "vicious" dog now. This was their dog's first offense.
A: You do not have the correct information. The owner needs to contact an experienced animal attorney. If a person is suing him, that is civil court and no he cannot go to jail. If he has been criminally charged for the bite, he may or may not face jail time depending on the circumstances and what the prosecutor is seeking. Typically it is irrelevant that it's a first bite, but I have only seen one person go to jail for a dog attack, and he went to jail because he was already on parole and violated parole by being convicted of another criminal offence.
A:
To supplement the previous attorney's answer, it does sound like potential civil suit has been mixed in with the potential criminal case. A criminal charge of "vicious dog/animal" or "dangerous dog/animal" can subject the charged person of up to 1 year in jail and a maximum fine of $1,000. However, this is the maximum penalties possible and such penalties are not usually imposed unless there are other circumstances as described. An experienced animal attorney could help go over your friend's potential defenses and thus negotiate a fair plea deal or take the matter to trial where the prosecutor has to prove every element of the charged offense beyond a reasonable doubt. If restitution is ordered, it will not include things like pain and suffering or emotional distress; it will only cover medical/vet bills. Misdemeanor charges like this allow for jury trials if you pay the jury trial fee.
If this is a civil suit, your friend will not face jail time at all, but may be exposed to medical or vet bills, depending on who was bit and how badly, plus any emotional damages, such as pain and suffering and/or emotional distress. Sometimes insurance companies will cover the damages, but it depends. If your friend does not have insurance, he/she may be personally accountable to pay any damages if a court finds in favor of the person who is suing. Again, it sounds like your friend would benefit from talking with an experienced animal attorney to go over all of his/her options.
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