When Dog Attacks Turn Into Criminal Cases: Understanding Your Rights
Yes, dog owners in Washington can absolutely face felony charges when their dog attacks and severely injures or kills someone. If you’ve been attacked by a dangerous dog, you’re not just dealing with physical injuries and medical bills—you may also be a victim of a criminal act. The emotional trauma of a dog attack can be overwhelming, especially when you realize the owner might have known their dog posed a danger to others. Understanding when these attacks cross the line from civil liability to criminal charges can help you protect your rights and ensure the responsible party faces appropriate consequences.
💡 Pro Tip: Document everything immediately after a dog attack—take photos of injuries, get witness information, and report the incident to animal control. This evidence is crucial for both criminal prosecution and civil claims.
If you’ve faced a dog attack and are seeking justice, Telaré Law stands ready to guide you through the complexities of both criminal and civil proceedings. Get in touch today by dialing 509-461-9156 or contact us for dedicated assistance. Let us help you secure the compensation and peace of mind you deserve.
Washington’s Strict Laws on Dangerous Dogs and Owner Criminal Liability
Under RCW 16.08.100 dangerous dog confiscation and penalties, Washington takes a tough stance on dog owners whose pets cause serious harm. The law recognizes that some dog attacks go beyond simple negligence—they represent criminal behavior when owners fail to control animals they know are dangerous. A Dog Bite Lawyer in Kennewick can help you understand how these criminal charges work alongside your civil claim for damages. The statute specifically makes it a class C felony when a dog aggressively attacks and causes severe injury or death to any person, regardless of whether the dog was previously declared dangerous.
The criminal penalties reflect the seriousness of these attacks. Owners convicted under this statute face up to five years in prison and fines up to $10,000. These aren’t just slap-on-the-wrist misdemeanors—they’re felonies that can result in significant jail time. For victims working with a Dog Bite Lawyer in Kennewick, understanding these criminal penalties helps paint the full picture of justice options available after a serious attack.
💡 Pro Tip: Criminal prosecution and civil lawsuits are separate proceedings. Even if the dog owner faces criminal charges, you can still pursue compensation for your injuries through a civil claim.
Understanding When Dog Attacks Become Felony Cases
Not every dog bite results in criminal charges, but Washington law clearly defines when attacks cross into felony territory. The timeline and circumstances of the attack matter significantly in determining whether criminal charges will be filed. When consulting with a Dog Bite Lawyer in Kennewick, they’ll evaluate several key factors that prosecutors consider when deciding to pursue felony charges against dog owners.
- Immediate felony charges apply when any dog causes severe injury or death through an aggressive attack—no prior dangerous dog designation needed
- Owners with previous convictions face automatic felony charges if their dangerous dog attacks again, even for less severe injuries
- Washington law does not adopt a ‘trained to fight’ two-bite/one-severe-injury rule; rather, a person with a prior conviction under the chapter faces a class C felony if their dangerous dog attacks or bites again, and any owner whose dog aggressively attacks and causes severe injury or death can be charged with a class C felony
- The prosecution must prove the owner knew or should have known their dog was potentially dangerous—but breed alone isn’t sufficient proof
- Criminal charges typically proceed within days or weeks of the attack, while civil cases may take months to resolve
💡 Pro Tip: Report the attack to both police and animal control immediately—criminal charges often depend on prompt official documentation of the incident.
How a Dog Bite Lawyer in Kennewick Helps Navigate Criminal and Civil Justice
When dog owners face felony charges, it validates the severity of what you’ve experienced and can strengthen your civil case. Telaré Law understands the intersection between criminal prosecution and civil claims in serious dog attack cases. While the prosecutor handles criminal charges, you need experienced legal representation to ensure you receive full compensation for your injuries, regardless of the criminal case outcome. A Dog Bite Lawyer in Kennewick can coordinate with prosecutors, gather evidence from the criminal investigation, and use the criminal proceedings to strengthen your civil claim.
The criminal case can provide valuable evidence for your civil claim. Police reports, animal control investigations, and witness statements gathered for prosecution become powerful tools in proving liability. Additionally, a criminal conviction makes proving civil liability much easier—though you can still win compensation even if criminal charges aren’t filed or don’t result in conviction.
💡 Pro Tip: Ask your attorney about obtaining copies of all criminal case documents—these official records often provide compelling evidence for your civil claim.
Dangerous Dog Classifications and Owner Responsibilities
Washington law creates specific categories for dangerous dogs, and owners must follow strict rules once their dog receives this designation. Understanding these classifications helps explain why some owners face harsher criminal penalties than others. When working with a Kennewick WA Dog Bite attorney, they’ll investigate whether the attacking dog had any prior incidents or official dangerous dog status that the owner ignored.
Legal Requirements for Dangerous Dog Owners
Once a dog is declared dangerous, owners must register the animal, secure liability insurance, maintain proper enclosures, and keep the dog under physical restraint when outside. Failure to meet any of these requirements can lead to immediate confiscation and criminal charges. Many Washington dog bite felony penalties stem from owners who knew their dog was dangerous but failed to take required precautions. This negligent behavior transforms a civil matter into a criminal one, especially when preventable attacks cause severe injuries.
💡 Pro Tip: Check with local animal control about any prior complaints or incidents involving the dog that attacked you—this history can be crucial for both criminal and civil cases.
Defenses Dog Owners Use Against Criminal Charges
While victims deserve justice, dog owners facing felony charges often mount aggressive defenses. Understanding these defenses helps you and your Kennewick WA Dog Bite lawyer prepare for potential challenges in both criminal and civil proceedings. The law provides specific affirmative defenses that owners can claim, though they must prove these defenses by a preponderance of evidence.
Common Criminal Defense Strategies
The most common defenses involve claims that the victim was trespassing or provoked the dog without justification. Owners might argue they complied with all dangerous dog requirements or that they didn’t know their dog posed a risk. Regarding the dog bite victim partly at fault defense, owners often try to shift blame to reduce their criminal liability. However, these defenses have limits—severe attacks on innocent victims typically overcome most defense arguments, especially when owners violated safety requirements or ignored warning signs about their dog’s aggressive behavior.
💡 Pro Tip: Be completely honest with your attorney about all circumstances of the attack—they need to prepare for any defenses the owner might raise.
Frequently Asked Questions
Criminal Charges and Your Dog Bite Case
Many victims have questions about how criminal charges against dog owners affect their ability to seek compensation. Understanding the relationship between criminal and civil cases helps you make informed decisions about your legal options.
💡 Pro Tip: Keep a journal documenting your recovery process, emotional impact, and any interactions with law enforcement or prosecutors—this helps both cases.
Next Steps After a Serious Dog Attack
Taking the right steps immediately after an attack can make the difference between a successful case and missed opportunities for justice. Whether criminal charges are filed or not, you have rights that need protection.
💡 Pro Tip: Don’t wait for criminal charges to be filed before consulting a civil attorney—the sooner you start building your case, the stronger it will be.
1. What makes a dog attack a felony in Washington state?
A dog attack becomes a felony when it causes severe injury or death through aggressive behavior. Additionally, if an owner with a prior conviction under the chapter has another incident, or if a dog aggressively attacks and causes severe injury or death, felony charges apply. The severity of injuries and the owner’s knowledge of their dog’s dangerous propensities are key factors prosecutors consider.
2. Can I sue for damages even if the dog owner faces criminal charges?
Yes, criminal prosecution and civil lawsuits are completely separate legal processes. Criminal charges punish the owner for breaking the law, while your civil claim seeks compensation for your injuries, medical bills, lost wages, and pain and suffering. Many victims successfully pursue both avenues of justice simultaneously.
3. What happens if the dog owner claims I provoked the attack?
Provocation is an affirmative defense the owner must prove. However, normal movements, legal presence on property, or defending yourself typically don’t constitute provocation. The owner must show you intentionally provoked the dog without justification, which is a high legal bar to meet in most legitimate dog bite cases.
4. How long do prosecutors have to file criminal charges after a dog attack?
While criminal charges can be filed years after an attack due to longer statutes of limitations for felonies, prosecutors typically act quickly in serious dog attack cases. However, your civil claim has a shorter deadline—generally three years in Washington for personal injury cases, making it crucial to consult an attorney promptly.
5. Should I cooperate with criminal prosecutors if I’m also filing a civil lawsuit?
Generally, yes. Cooperating with prosecutors can strengthen both cases and ensure the dog owner faces appropriate consequences. Your civil attorney can help coordinate with prosecutors to protect your interests while supporting the criminal case. This cooperation often leads to better outcomes in both proceedings.
Work with a Trusted Dog Bite Lawyer
Serious dog attacks that result in criminal charges require experienced legal guidance to navigate both the criminal justice system and your civil claim for compensation. Understanding your rights, gathering evidence, and coordinating with prosecutors while building your civil case demands skill and experience in dog bite law. The intersection of criminal and civil law in these cases creates unique opportunities and challenges that require knowledgeable legal representation to address effectively.
Been a victim of a dog attack and need a hand navigating your legal journey? Telaré Law is here to help you tackle both the legal and emotional hurdles. Reach out by calling 509-461-9156 or contact us to ensure your rights are protected and justice is served.
