What Every Pet Owner Needs to Know From a Florida Dog Attack Defense Attorney
Owning a dog in Florida now carries much higher stakes than most people realize. As a Florida Dog Attack Defense Attorney, I've seen firsthand how quickly a dog bite case can escalate from a civil issue to a life-changing criminal charge. With the passage of HB 593, also known as the Pam Rock Act, the penalties for certain dog attacks have become more severe, including felony charges for owners whose dogs are classified as dangerous or cause serious injury or death.
If you or someone you know has been arrested or is being investigated because of a dog-related injury, you need to understand what this law means, how prosecutors build these cases, and what legal options may be available to you. In this article, I'll explain how this law works, the difference between a misdemeanor and a felony under the statute, real-world consequences, and how I've successfully defended clients in similar cases.
The Pam Rock Act and HB 593 – A Turning Point for Dog Owners in Florida
Florida House Bill 593 was signed into law after the tragic death of U.S. Postal worker Pamela Jane Rock in Putnam County, where she was attacked and killed by several dogs. The incident sparked legislative changes aimed at holding dog owners criminally responsible when their animals cause serious harm.
The law specifically amends portions of Florida Statutes §767 and §828, but what makes this law particularly aggressive is that it gives prosecutors more power to pursue felony charges against the owners of dogs that are known to be dangerous or that have escaped and attacked someone in a public place.
Under the new rules, even a first-time incident can lead to felony charges, depending on the facts. The focus has shifted from whether the owner intended for the attack to occur to whether the owner failed to properly secure the dog or ignored past warnings.
What the Law Says – Florida's Dangerous Dog Statute
Florida Statute §767.13(2) provides:
"If a dog that has previously been declared dangerous attacks or bites a person without provocation and causes severe injury or death, the owner is guilty of a felony of the third degree."
The statute goes further. Even without a prior designation as "dangerous," the owner of any dog who aggressively attacks and causes serious harm or death may face a felony charge under other Florida laws, including aggravated battery, culpable negligence, or manslaughter, depending on the outcome.
What qualifies as a "dangerous dog" under §767.11?
- A dog that has aggressively bitten, attacked, or inflicted severe injury on a human
- A dog that has more than once severely injured or killed another domestic animal while off the owner's property
- A dog that has chased or approached a person in a threatening manner without provocation
This classification process is not automatic. There must be an investigation, hearings, and an official designation. But once the dog is classified, the owner's legal responsibilities become much stricter.
Armed With Teeth – When Prosecutors Treat Dog Attacks Like Weapon Crimes
The prosecution may treat a dog as a deadly weapon when the circumstances support it. Florida case law has allowed courts to treat certain animals, including dogs, as "instruments likely to cause death or great bodily harm."
This means prosecutors can file charges that resemble weapon-related crimes:
- Aggravated battery with a deadly weapon
- Aggravated assault
- Culpable negligence
- Even manslaughter in fatal attacks
This approach is especially likely if the dog has a documented history of aggressive behavior or if the owner has been previously warned by animal control.
Real Case Example – Dog Escape Leads to Felony Charges
Several months ago, I represented a client in Tampa whose large breed dog escaped through a broken gate and bit a neighbor who was jogging past the house. The dog had never been designated dangerous before, but animal control had previously cited the owner for leash violations.
The victim required surgery, and the prosecutor filed a felony aggravated battery charge, claiming the dog was used as a weapon due to the severity of the injuries.
We built a defense around the lack of intent, the absence of a dangerous dog designation, and the fact that the gate had been damaged in a recent storm. After a series of hearings and pre-trial motions, I was able to get the felony charges reduced to a civil infraction with a restitution agreement. No jail. No conviction. No criminal record.
This case highlights why hiring a private attorney immediately is critical. These charges move fast. Law enforcement will often seize the dog, and prosecutors may push for jail before you have a chance to defend yourself.
What Are the Penalties?
Florida's criminal penalties for dog attacks under this statute depend on several factors:
Unprovoked Attack with Serious Injury or Death
- Third-degree felony
- Up to 5 years in prison
- Up to $5,000 in fines
- Restitution for medical bills or damages
- Mandatory destruction of the dog in many cases
Attack by a Dog Previously Declared Dangerous
- Automatic felony charge
- Additional civil penalties
- Loss of pet ownership rights
If the owner orders the dog to attack (even without a weapon), prosecutors may file an aggravated assault or aggravated battery charge, both of which are second-degree felonies carrying up to 15 years in prison.
Common Defenses in Dangerous Dog Felony Cases
These cases are not hopeless. With the right defense, it is often possible to reduce the charges, avoid a felony conviction, or even get the case dismissed.
No Dangerous Dog Designation
If your dog was never officially classified as dangerous, prosecutors may lack grounds for a felony charge. This is a key legal defense.
Provocation by the Alleged Victim
If the person injured was trespassing, threatening, or provoking the dog, that changes the legal analysis. Florida law recognizes that dogs may react defensively to perceived threats.
Accidental Escape or Isolated Incident
Not every escape is caused by recklessness. Storm damage, vandalism, or even another person leaving a gate open may defeat the intent required for a felony charge.
Stand Your Ground or Defense of Others
Although rare in animal cases, some defenses allow for dogs protecting their owners to be treated similarly to a person defending themselves.
Improper Procedure by Animal Control or Police
Chain of custody issues, lack of due process in classifying the dog, or overreach by law enforcement may open the door for suppression of evidence or dismissal.
Why a Private Attorney Makes the Difference
Public defenders are often overwhelmed and may not have the time to conduct a full investigation, retain animal behavior experts, or challenge improper seizure of your dog. A private defense attorney brings resources, strategy, and attention to the details that make or break these cases.
I handle these cases personally. That means I review every citation, every neighbor statement, and every bit of surveillance footage available. In many cases, it's not just about saving your freedom. It's about saving your pet's life and your ability to own animals in the future.
Florida Homeowners and Pet Owners Are at Risk
The intent behind the Pam Rock Act was to protect the public from preventable tragedies. But the way the law is enforced means that ordinary pet owners can end up facing felonies for things they never intended or even realized were criminal.
You may be someone who's never been arrested before, but suddenly you're being treated like a violent criminal. Your dog is taken from your home. You're facing jail, fines, and long-term consequences for a moment no one saw coming.
That's why we act quickly. We demand hearings. We challenge the classification. We build the evidence before the state builds their case.
Florida Dog Attack Defense FAQs
Can I Be Arrested Even If My Dog Has Never Bitten Anyone Before?
Yes. If your dog escapes and causes serious injury or death, you can still be charged under Florida law even if your dog has no prior history of violence. While the penalties are generally harsher for dogs previously classified as dangerous, prosecutors can still pursue a third-degree felony based on negligence or recklessness. This is why immediate legal action is so important. Waiting until after you're charged could cost you valuable defenses.
What If the Person Bitten Was on My Property?
Florida law gives some protection to property owners when someone is bitten on private land. However, these protections are limited. For example, if the injured person was invited onto the property or was a delivery driver, you may still be liable. A private attorney can evaluate whether you can assert an affirmative defense based on trespassing, provocation, or other legal factors that apply to your situation.
Can My Dog Be Taken From Me Before I'm Convicted?
Yes. In many cases, animal control will seize the dog before formal charges are even filed. They may also pursue a dangerous dog classification while the criminal case is pending. A private defense attorney can file motions to contest the seizure, challenge the classification, and demand timely hearings to protect your rights.
Will I Have a Criminal Record If I Accept a Plea Deal?
Possibly. Many plea offers for dangerous dog cases include felony probation, restitution, and mandatory forfeiture of the animal. If not handled carefully, this can result in a permanent criminal record that affects employment, housing, and your rights as a pet owner. An experienced Florida Dog Attack Defense Attorney can often negotiate for reduced charges, diversion programs, or even outright dismissal in the right circumstances.
Is It True I Can Go to Prison If My Dog Bites Someone?
Yes. Under Florida's current law, if a dog previously designated as dangerous causes severe injury or death, the owner can face up to 5 years in prison. In some aggravated cases, higher charges may apply. That's why the earlier we get involved in your case, the more opportunities we have to reduce or eliminate the risk of incarceration.
Call the Florida Dog Attack Defense Attorney 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 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.