Florida Dog Bite Defense Attorney Explains When a Bite Becomes a Criminal Charge and How to Protect Yourself

Dog Bites Are Now a Criminal Matter in Florida

You probably never imagined needing a criminal defense attorney because of your dog. But under Florida’s updated dangerous dog laws, a single bite can lead to your arrest, a felony charge, and even prison time—even if your dog has never shown signs of aggression before.

As a Florida dog bite defense attorney, I represent dog owners across the state who are blindsided by criminal charges after an unexpected bite incident. These are people who love their pets, had no warning, and suddenly find themselves facing charges that can affect their reputation, freedom, and future. Florida’s new law has changed the way dog bites are handled, and you need to understand how serious this can become.

The New Florida Dog Bite Law You Need to Know

Florida lawmakers passed new legislation strengthening penalties for dog attacks—especially when the dog is classified as dangerous, or the injuries are significant. These changes took effect under updates to Florida Statutes § 767.13 and § 767.136, and they give law enforcement broader discretion to arrest and charge owners after a bite.

Let’s look at what the statute says:

Florida Statutes § 767.13(2):

"If a dog that has not been declared dangerous attacks and causes severe injury or death to a human, and the owner had prior knowledge of the dog's dangerous propensities, the owner commits a felony of the third degree..."

Florida Statutes § 767.136:

"The owner of a dog that has been declared dangerous and that attacks or bites a person without provocation is guilty of a felony of the third degree if the attack causes severe injury, and a felony of the second degree if the attack causes death."

A third-degree felony in Florida is punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine. A second-degree felony carries up to 15 years in prison.

So yes, under this law, you can be arrested if your dog bites someone—and the consequences can be life-changing.

Common Scenarios Where a Bite Leads to a Felony Charge

These are not isolated or extreme cases. These charges are happening in cities across Florida. Here are some real-world examples of how a dog bite can become a criminal case:

  • Your dog bites a neighbor who walks into your open garage
    Even if the person shouldn’t have entered your property, prosecutors may argue the bite was unprovoked and that you knew your dog was capable of aggression. That’s enough to press charges under the updated law.

  • Your dog escapes through a broken gate and bites someone in the street
    Even if it was an accident, you may be charged with failing to secure a dangerous animal, especially if your dog has ever shown aggression before.

  • Your dog had a prior complaint, and then bites again
    If animal control has previously warned you, or your dog was declared dangerous in another jurisdiction, you could be facing enhanced penalties, including felony charges.

  • The victim suffers a serious injury
    If the bite breaks bones, causes disfigurement, or leads to hospitalization, the law considers it a "severe injury" under the statute, which elevates the penalties dramatically.

Real Case Example: Dog Owner Cleared After Bite Incident at Public Park

A client of mine was arrested in Collier County after his Labrador retriever bit a jogger at a public park. The jogger claimed the dog lunged unprovoked. Police arrived, interviewed both parties, and arrested my client at the scene under suspicion of allowing a dangerous dog to attack.

We immediately investigated the case. Surveillance footage from a nearby building showed the jogger had approached the dog quickly from behind, startling the animal. We also pulled veterinary records, proving the dog had no prior aggressive history and was fully vaccinated and leashed at the time.

We filed a motion to dismiss the felony charge under Florida Statute § 767.13(2), arguing the dog was not dangerous, the incident was provoked, and no severe injury occurred. The State Attorney’s Office dropped the charge before it reached a jury.

This case is a reminder that your version of what happened may not be what makes it into the police report. That’s why you need immediate legal protection when your dog is accused of causing harm.

How Prosecutors Build Dog Bite Cases in Florida

Prosecutors often use a combination of police reports, medical records, animal control files, and witness statements to build these cases. But many of these cases are rushed, and the facts get distorted.

They may argue:

  • You should have known the dog was dangerous

  • You failed to properly secure the animal

  • The bite was unprovoked

  • You did not comply with prior warnings or safety requirements

Even if you believe the bite was minor, or the victim instigated the incident, prosecutors may still pursue the case—especially if the alleged victim is cooperative and has visible injuries.

That’s why the moment you are investigated or cited for a dog bite, your next step should be hiring a private criminal defense attorney with experience fighting these cases.

Defenses to Dog Bite Criminal Charges in Florida

Every dog bite case requires a customized legal defense, but here are some common defenses we’ve successfully used:

Provocation

Under Florida Statutes § 767.12(2), a dog bite is not unlawful if the victim provoked the attack. Provocation includes yelling, sudden movements, threatening behavior, or physically approaching the dog too closely.

Trespassing

If the bite occurred on your property, and the alleged victim entered without permission, this may be a complete defense under Florida law. You have a right to protect your property and your pet has a right to feel safe in its own space.

No Prior Knowledge of Dangerous Propensity

For owners of dogs that have not been declared dangerous, prosecutors must prove that you had prior knowledge of the dog’s aggressive tendencies. We often challenge this with vet records, lack of complaints, or positive behavior history.

Mistaken Identity

In some cases involving multiple animals, the wrong dog is blamed. We’ve defended clients who were accused in dog parks or apartment complexes where multiple dogs were present, and the wrong owner was cited.

Procedural Defects

We also investigate whether law enforcement followed proper procedure. This includes how the dog was identified, how the victim’s statements were recorded, and whether animal control properly classified the animal.

Why You Need a Florida Dog Bite Defense Attorney—Not a Civil Lawyer

Dog bite cases often start as civil disputes. You may receive a letter from an insurance company or a complaint from a neighbor. But once police or animal control gets involved, it quickly turns criminal.

Don’t assume that because you have no criminal record, or because the bite seems minor, this will just go away. If law enforcement believes your dog caused harm, they can arrest you on a felony charge under Florida Statute § 767.136, and you could end up in court defending your liberty.

Hiring a private attorney is critical. Public defenders rarely handle animal-related charges. Civil attorneys focus on money, not jail time. You need someone who understands both the criminal justice system and Florida’s evolving animal liability laws.

How We Help You Protect Your Rights and Your Dog

When you hire us, we take immediate action:

  • Interview witnesses and secure video or photo evidence

  • Demand all records from law enforcement and animal control

  • Challenge the classification of the dog as dangerous

  • Request dismissal or downgrade of the charges

  • Argue for diversion or civil resolution when possible

  • Protect your license, firearm rights, and criminal record

We know that your dog is part of your family. Our job is to protect you and your rights when the system is coming after both of you.

Frequently Asked Questions – Florida Dog Bite Defense Attorney Explains Your Rights

What should I do if my dog bites someone and the police are called?

First, stay calm. Make sure the person receives any medical attention they need. Do not admit fault or explain what happened until you’ve spoken to a Florida dog bite defense attorney. Your words may be used against you later. Ask if you are being charged or cited. If animal control shows up, request documentation. The most important thing is to secure your dog and immediately consult a private attorney before answering questions or signing anything.

Can I go to jail if my dog bites someone?

Yes. Under Florida Statutes § 767.13 and § 767.136, a dog bite can be charged as a third or second-degree felony depending on the severity of the injury and whether the dog was previously declared dangerous. Penalties range from probation to years in prison. That’s why hiring a Florida dog bite defense attorney immediately is essential.

What if the person who got bit was trespassing on my property?

Florida law does recognize trespassing as a legal defense in dog bite cases. If the victim entered your property without permission or was not lawfully present, you may have a complete defense. We gather evidence such as video, witness statements, and police reports to prove that the person should not have been on your property.

What counts as a “dangerous dog” in Florida?

A dog can be classified as dangerous if it has previously bitten a person, attacked another animal, or acted aggressively without provocation. The classification is made by local animal control based on reports and investigations. If your dog was never officially declared dangerous, and you had no prior knowledge of aggression, that can help us fight the charge.

Can I fight the charge even if the bite caused a serious injury?

Yes. Even with serious injuries, we may argue provocation, trespass, lack of prior knowledge, or flaws in how the case was handled. In many cases, we’ve been able to get charges dropped, reduced, or diverted into a civil settlement. A felony charge is not automatic just because someone was hurt.

Can I be sued in civil court while also facing criminal charges?

Yes, and this is common. A person may report the bite to police and also file a civil lawsuit for damages. That’s why it’s critical not to say anything that could hurt your defense. We work to protect you from both criminal prosecution and financial liability.

Will my dog be euthanized if I’m charged?

Not automatically. Florida law provides procedures for hearings and appeals before a dog can be ordered removed or euthanized. We fight to protect both you and your dog throughout this process. In some cases, we can get the dangerous dog classification lifted entirely.

How long do I have to respond after a dog bite incident?

Act immediately. Police reports and animal control actions can move quickly. Waiting even a few days could result in missed deadlines, default classifications, or escalation of charges. Call a private Florida dog bite defense attorney as soon as you are notified of an investigation or citation.

Call a Florida Dog Bite Defense Attorney Today Before Charges Escalate

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 over 35 office locations throughout all of 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, and the Florida Panhandle.

If your dog is involved in an incident, your next step matters more than you think. Call us now and let us protect your freedom, your future, and your dog.