As a Florida criminal defense attorney, one of the most common questions I hear in animal-related criminal cases is whether someone can face felony charges simply for being present at the location of a dog fight. Many people find themselves in the wrong place at the wrong time, visiting a friend, attending a gathering, or stopping by a property without any knowledge that illegal activity was taking place. Unfortunately, Florida’s dog fighting statute is written in a way that allows prosecutors to bring charges even when a person had no active role in the event.

Understanding how the law works, what the state must prove, and what defenses may apply can make a major difference in the outcome of your case.

How Florida Law Treats “Being Present” at a Dog Fight

Florida’s dog fighting law is found in Chapter 828 of the Florida Statutes, which criminalizes several forms of participation in fighting or baiting activities. The statute targets organizers, trainers, handlers, property owners, and spectators. The law states that a person may be charged if they knowingly attend or are present at a dog fight.

The important word is knowingly.

The law does not require active participation, handling animals, wagering, or involvement in planning. The statute allows prosecutors to pursue charges if they believe you:

  • Knew a dog fight was occurring or about to occur, and

  • Were present for that purpose or allowed your presence to continue

This is where many innocent people end up facing felony accusations based on little more than proximity.

Presence Alone Is Not Enough, But Prosecutors Often Assume Knowledge

To secure a conviction, the state must prove you were aware of the activity. Merely standing on a property or arriving after hearing noise is not enough. However, prosecutors frequently argue that:

  • The noise, crowd, or setup made it obvious what was happening

  • Being on the property implies knowing involvement

  • Relationships with others at the scene show shared intent

  • Remaining at the scene equals participation

These assumptions often form the foundation of charges even when the evidence is thin. Without a strong defense, the court may be persuaded by the prosecution’s interpretation of circumstantial facts.

Why Innocent People Get Charged

People can end up facing felony accusations for reasons such as:

Visiting a friend or relative
Many clients were unaware that others on the property were engaged in illegal activity.

Being near an outbuilding, yard, or structure used without their knowledge
Spectators often gather away from the main property, making it hard to see what is happening.

Mistaken identity or assumptions by witnesses
Anonymous tips or neighbor claims are sometimes inaccurate.

Law enforcement raiding a large group
In many cases, officers detain and charge everyone present before sorting out roles.

Owning or being near dogs that have unrelated injuries
Prosecutors sometimes infer participation even when injuries are explained by accidents or ordinary dog interactions.

Florida’s broad statutory wording means the risk of being charged is real, even when someone is entirely innocent.

What the State Must Prove

Prosecutors must show:

  1. You were present, and

  2. You knew the event was a dog fight or baiting activity, and

  3. You remained on site with awareness of the illegal conduct

This “knowledge” element is the key battleground in most cases.

The state cannot rely on speculation. But they often try.

Defenses When Someone Was Only Present at the Scene

I have defended many clients in these situations, and several defenses tend to apply:

Lack of Knowledge

If you did not know a fight was happening, the state cannot prove intent. I use:

  • Phone records

  • Text messages

  • Timeline evidence

  • Witness statements

  • Statements you made before police arrived

to show you had no awareness of illegal activity.

Mere Presence

Florida law recognizes that being present at a scene is not a crime. The defense focuses on proving:

  • No involvement

  • No participation

  • No acts indicating approval

Mistaken Identity

Large raids often lead to confusion. People who were not even present during the event sometimes get swept into the accusation.

Property-Based Misunderstandings

If you were on the property for other reasons, such as:

  • Work

  • Maintenance

  • Social visits

  • Deliveries

that context helps undermine the state’s claim.

No Evidence of Intent

The state must show intent to attend or support a dog fight. Without physical evidence, communications, or conduct indicating participation, the charge becomes weak.

A skilled defense focuses on creating reasonable doubt and shifting the narrative away from the prosecution’s assumptions.

A Real Case Example

I represented a client who was arrested during a raid on a rural property after an anonymous tip. He was there to help a friend repair a fence. He had no idea a group gathered behind the property for a dog fight. When law enforcement stormed the scene, they detained everyone.

The state charged him with knowingly attending a dog fight.

I immediately obtained:

  • Cell phone GPS data showing he arrived minutes before the raid

  • Text messages confirming he was coming for repair work

  • Photographs of tools, supplies, and the fence damage

  • Statements from neighbors confirming he had previously done repair work on the property

I also challenged the reliability of the tip and the assumption that everyone present was participating.

After presenting this evidence during pretrial discussions, the prosecutor dismissed the charge. Without legal representation, he likely would have faced a felony conviction based purely on presence.

Why You Need a Private Attorney for This Type of Charge

Dog fighting cases are emotionally charged, politically sensitive, and aggressively prosecuted. Prosecutors know these cases draw public attention, and they tend to file charges quickly without careful evaluation.

You need a private attorney because:

  • The accusation alone can ruin your reputation

  • You may face heavy penalties even with minimal involvement

  • Evidence is often circumstantial

  • Witness statements can be unreliable

  • Police frequently overcharge to pressure cooperation

  • You need someone who can control the narrative immediately

I work to gather evidence before it disappears, protect your rights, and push back against speculation. Early intervention can lead to dismissed charges, reduced charges, or a clear withdrawal of the case.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation


Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.