Any person owning or having custody or control of a dangerous dog or mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony.
(b) If any person owning or having custody or control of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, causes serious bodily injury to any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a misdemeanor or a felony.
It is the control that would be exercised by a reasonable person on any animal in that category taking into account the totality circumstances, taking into account the past behavior of the animal and the injuries that could have been reasonably foreseen on that occasion.
Dogs can be dangerous if their dangerous propensities are not common for their specie.iv Pit Bulls, Rottweilers, Dobermans and Wolf Hounds are examples. Animals are considered wild because of their mischievous propensities. Mischievous propensities are those which pose a reckless disregard of risk of harm to others.v Wolves, chimpanzees and big cats are examples.
If the victim is maimed or killed by a dangerous dog or wild animal, failing to control a dangerous animal must be charged as a felony.
When a crime can be charged as a misdemeanor or felony it is known as a wobbler. If the victim is injured, or seriously injured by a dangerous dog or wild animal, failing to control a dangerous or wild animal is a wobbler.
Yes. Probation is offered for both felony and misdemeanor convictions under PC Section 399 (a) or (b). But the District Attorney will weigh qualitative and quantitative factors such as criminal history, current profession, family status, education, contributions to the community.vii
If you are charged with failing to control a dangerous dog or wild animal call The Esfandi Law Group.
Being charged with failing to control a dangerous dog or wild animal can lead to serious consequences. Petting zoos owners, exotic animal breeders, and owners of dangerous dog breeds are encouraged to contact Law Mart for a free consultation.
If you or someone you know has been accused of a crime, it is critical that you meet with an experienced criminal defense attorney as soon as possible.
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