Dog bites can lead to more than just civil lawsuits and insurance claims. Under certain circumstances, dog owners can indeed face criminal charges – and potential jail time – if their dog bites or attacks someone. As experienced attorneys who have defended numerous dog owners facing serious charges, Podor Law is here to help you understand when a dog bite might lead to criminal liability and what you can do to protect yourself and your pet.

Understanding Criminal Liability for Dog Owners

Yes, you can go to jail if your dog bites someone – but not in every case. Criminal charges typically arise in more serious situations where certain aggravating factors are present. While most dog bite incidents are handled through insurance claims or civil litigation, when severe injuries occur or an owner’s conduct is particularly negligent, the criminal justice system may become involved.

Dog owners often don’t realize they could face criminal penalties until they’re already in legal trouble. In Ohio, more than 20,000 animal bite incidents are investigated each year by health departments, with dogs responsible for the majority of these cases (Ohio Department of Health). In Florida, over 600 people are hospitalized annually for dog bite injuries (WESH News).

At Podor Law, we’ve successfully defended dog owners facing everything from misdemeanor charges to serious felonies. We understand both the emotional stress and legal complexities these cases involve, and we’re committed to helping you navigate this challenging territory.

In this article, we’ll explore:

When dog bites can result in criminal charges
The types of criminal charges you might face
Real-world examples of cases where owners did and didn’t go to jail
Effective legal defenses
What to do immediately if your dog bites someone
How Podor Law can help protect you and your pet

When a Dog Attack Leads to Criminal Charges

When your dog bites someone, several key factors determine whether prosecutors will pursue a criminal case against you as a dog owner:

When an Aggressive Dog Injures Someone Severely

The more serious the injuries, the more likely criminal charges will be filed. Severe injuries or fatalities significantly increase the risk of criminal prosecution. Both Ohio and Florida laws distinguish between minor bites and attacks causing serious bodily injury or death.

In Ohio, if a dog injures someone seriously (defined as injuries like severe wounds or permanent disfigurement), the owner may face a first-degree misdemeanor if the dog meets the definition of a “vicious dog” (Ohio Revised Code Chapter 955). If a dog kills someone, the charge elevates to a fourth-degree felony.

Prior Knowledge of Aggressive Tendencies

A critical factor in criminal liability is whether you knew (or should have known) that your dog posed a danger. If your dog has:

Previously bitten someone
Been officially designated as “dangerous” or “vicious”
Shown aggressive behavior that you were aware of

…then your legal risk increases substantially. In a landmark 2019 decision, the Ohio Supreme Court ruled that a dog’s history of biting can be used to convict an owner of a crime, even if the dog wasn’t officially declared dangerous (Court News Ohio).

When Your Dog is Classified as a “Dangerous Dog”

Both Ohio and Florida have specific classifications for problematic dogs:

Ohio classifies dogs into three categories:

Nuisance dogs – Those that chase people in a menacing way
Dangerous dogs – Those that have injured a person or killed another dog without provocation
Vicious dogs – Those that have killed or seriously injured a person without provocation

These classifications matter because they directly tie into criminal penalties under Ohio law.

Florida’s Dangerous Dog Act (Chapter 767, Florida Statutes) defines a “dangerous dog” as one that has:

Seriously bitten someone
Killed a domestic animal
Chased people in a menacing way

If your dog has been officially designated as dangerous, you must follow strict requirements. Failing to do so is itself an offense, and if your dog subsequently injures someone, you face enhanced criminal penalties.

Level of Owner Negligence

Prosecutors look closely at your actions as a dog owner. Were you:

Violating leash laws or confinement requirements?
Failing to maintain proper fencing or restraints?
Ignoring known problems with your dog’s aggression?
Using your dog as a weapon or encouraging aggressive behavior?

Cases where dog owners showed reckless disregard for safety typically lead to the most serious criminal charges. In one Ohio case, prosecutors highlighted that a door which couldn’t properly close allowed dogs to escape and fatally attack a neighbor (ABC6 News). This level of negligence can lead to severe consequences under criminal law.

Local Laws and Breed Regulations

While both Ohio (since 2012) and Florida (since 2023) have eliminated breed-specific legislation at the state level, it’s important to know what laws apply in your area. Florida law now prohibits local governments from banning or regulating dogs by breed (WUSF News), and Ohio removed language that automatically deemed pit bulls as “vicious” (Franklin County Animal Control).

Instead, both states now focus on a dog’s behavior rather than its breed when determining legal consequences. However, owners of breeds traditionally considered “high-risk” should be aware that they may face greater scrutiny following an incident.

Repeat Offenses

Multiple incidents significantly increase the likelihood of criminal prosecution. In Podor Law’s experience, we’ve seen that prosecutors are much more aggressive when dealing with repeat offenses, particularly if a prior incident resulted in a warning, citation, or dangerous dog designation.

Types of Criminal Charges for Dog Owners After a Bite

If your dog bites someone, you could potentially face a range of criminal charges depending on the circumstances:

Misdemeanor Charges

In Ohio, failing to control a vicious dog that causes serious injury is a first-degree misdemeanor, punishable by up to 6 months in jail and fines (Ohio Revised Code 955.99).

For dogs classified as “dangerous” (but not “vicious”), the offense is typically a fourth-degree misdemeanor on first offense (up to 30 days in jail) or a third-degree misdemeanor for subsequent violations (up to 60 days).

In Florida, if a dog previously declared dangerous bites someone, the owner commits a first-degree misdemeanor, punishable by up to 1 year in jail time and a $1,000 fine (Florida Dangerous Dog Act).

Florida also has a provision for dogs that were not previously declared dangerous: if an owner knew their dog had vicious tendencies and it seriously injures or kills someone, they can be charged with a second-degree misdemeanor (up to 60 days in jail).

Felony Charges

More serious consequences apply in fatal attacks:

In Ohio, if your dog kills someone, you could face a fourth-degree felony, punishable by up to 18 months in prison (Ohio Revised Code 955.99).

In Florida, if a previously declared dangerous dog attacks and causes severe injury or death, the owner is guilty of a third-degree felony, punishable by up to 5 years in prison plus fines up to $5,000 (Florida Dangerous Dog Act).

Involuntary Manslaughter or Homicide Charges

In the most severe cases, dog owners have faced charges like involuntary manslaughter or reckless homicide. These charges typically arise when:

The dog kills someone
The owner’s negligence was extreme
There was a history of problems with the dog

For example, in Pickaway County, Ohio, a mother and son were convicted of involuntary manslaughter after their pit bulls mauled a 73-year-old woman to death. Neighbors had complained for years about the dogs, and prosecutors highlighted the owners’ negligence in failing to secure a door that wouldn’t properly close (ABC6 News).

Criminal Negligence and Reckless Endangerment

These charges may be filed in cases where:

The dog didn’t cause serious injury or death
But the owner’s behavior was particularly reckless
The situation created a significant risk to others

Violation of Specific Dangerous Dog Statutes

Both Ohio and Florida have specific laws regarding the handling of dangerous dogs. Violating these requirements is itself a criminal offense, even if no bite occurs. These requirements often include:

Special registration and identification
Secure confinement on the owner’s property
Muzzling and leashing in public
Liability insurance requirements
Warning signs on property

In Ohio, owners of dogs classified as dangerous must follow strict requirements including special registration, secure fencing, muzzling when off-property, and obtaining liability insurance (Ohio Revised Code Chapter 955). Florida has similar requirements, including a mandatory $100,000 liability insurance policy (Animal Legal & Historical Center).

Real Cases: Criminal Prosecution When a Dog Attacks Someone

Looking at actual cases from Ohio and Florida provides insight into how courts handle dog bite incidents:

Examples of Owners Who Faced Criminal Charges

Example 1: Pickaway County, Ohio Fatal Attack
In Pickaway County (near Columbus), a pair of pit bulls owned by a mother and son repeatedly terrorized a neighborhood and eventually mauled a 73-year-old woman to death in 2022. Neighbors had complained for years about these dogs. After the fatal attack, prosecutors charged the owners with involuntary manslaughter (a felony) in addition to failing to confine their dogs (ABC6 News). A jury convicted them on all counts, and they faced hefty prison sentences. During the trial, it was noted that the front door of the owners’ home could not properly latch, which allowed the dogs to escape – a clear sign of negligence.

Example 2: Cincinnati Fatal Attack on Child
In early 2025 in Cincinnati, a father’s two dogs attacked and killed his own 3-year-old daughter. Investigators found evidence of possible negligence (the indictment suggested the dogs were not securely separated from the child). The father was indicted for involuntary manslaughter, reckless homicide, and child endangerment in his daughter’s death (WSAZ News). These are serious felony charges – involuntary manslaughter in Ohio can carry up to 11 years in prison if it’s a first-degree felony.

Example 3: Volusia County, Florida Fatal Attack
In Volusia County in 2023, an 8-year-old boy was tragically killed by two roaming dogs. The dogs had not been declared dangerous previously. An attorney analyzing the case noted that without proof the owner knew the dogs were aggressive, the toughest charge under the dog-specific law would be a second-degree misdemeanor (WFTV News). However, because the outcome was so horrific, the State Attorney’s Office considered more aggressive charges like manslaughter by arguing the owner’s gross negligence in letting the dogs run loose constituted culpable negligence.

Factors That Often Determine Outcomes

Based on criminal cases across both states, these factors typically determine whether a dog owner serves jail time:

Severity of injuries: Fatal attacks or permanently disfiguring injuries are more likely to result in jail time
Prior history: Whether the dog had previously shown aggression or been designated as dangerous
Owner’s response: Owners who flee the scene, hide the dog, or fail to render aid face harsher consequences
Preventative measures: Whether the owner took reasonable steps to prevent the incident
Victim characteristics: Attacks on children, elderly people, or other vulnerable individuals are prosecuted more aggressively

Legal Defenses When Your Dog Was Provoked

If you face criminal charges after your dog bites someone, several legal defenses may be available:

Provocation by the Victim

If the person who was bitten provoked the dog – through teasing, tormenting, abusing, or assaulting the dog or its owner – this can be a strong defense. Both Ohio and Florida laws include provocation exceptions; a dog that bites with provocation isn’t legally considered “dangerous” (Animal Legal & Historical Center).

For example, if evidence shows the victim was spraying a dog with a hose through a fence, a skilled attorney could argue the bite was a natural response to harassment, not an indication of dangerous propensities.

Trespassing

A dog owner typically isn’t criminally liable if their dog bites someone who was:

Illegally on their property
Breaking into their home
Committing another crime

This is a statutory exception in both Ohio and Florida laws. Under Florida law, an owner is generally not liable if the person bitten was trespassing or committing a crime on the property (Animal Legal & Historical Center).

Lack of Knowledge of Dog’s Dangerous Propensities

For charges that require the owner to have known their dog was dangerous, showing there was no prior indication of aggression can be an effective defense. If your dog had never shown aggression or bitten before, you may be able to argue that you had no reason to expect dangerous behavior.

Proper Containment Efforts Were in Place

If you took reasonable precautions to secure your dog but something unexpected occurred (like a gate latch breaking or a child opening a door), this can be a mitigating factor. Demonstrating that you were a responsible dog owner who took appropriate safety measures can be crucial to your defense.

The Dog Was Defending Owner/Property Lawfully

Dogs that bite while protecting their owners from assault or their property from intruders may be viewed differently by the courts. This defense relates closely to the trespassing defense but focuses on the dog’s protective instincts rather than the victim’s illegal entry.

Mistaken Identity/Ownership

In some cases, you might be wrongly identified as the owner of the dog that caused the bite. This defense requires evidence that either:

Your dog was not the one involved
You were not the legal owner or keeper of the dog at the time

Self-Defense or Defense of Others

If your dog bit someone who was threatening or attacking you or another person, this may constitute a valid defense, as the dog was acting to prevent harm.

What to Do If Your Dog Bites Someone

The actions you take immediately after a dog bite incident can significantly impact both civil and criminal liability. Follow these critical steps:

Immediate Steps

Restrain and secure your dog to prevent further incidents
Provide first aid to the victim and call emergency services for serious injuries
Exchange contact and vaccination information with the victim
Document the scene and what happened while it’s fresh in your mind
Notify animal control or authorities as required by law
Contact Podor Law immediately for guidance before making statements

Documentation to Gather

Photos of the location where the incident occurred
Contact information for witnesses
Your dog’s medical and vaccination records
Previous records showing your dog’s good behavior (training certificates, etc.)
Evidence of containment measures you had in place (photos of fences, leashes, etc.)

Reporting Requirements

Both Ohio and Florida require that dog bites be reported to health authorities. In Ohio, a biting dog must typically be quarantined for at least 10 days for rabies observation (WSAZ News). Failure to comply with these requirements can result in additional charges.

What NOT to Do

Don’t flee the scene or hide your dog
Don’t destroy evidence like broken leashes or damaged fencing
Don’t make admissions of guilt or apologize in ways that admit liability
Don’t post about the incident on social media
Don’t ignore communications from animal control or law enforcement

When to Contact an Attorney

Contact Podor Law immediately if:

The bite caused serious injuries
The victim is threatening legal action
Animal control is investigating
Police want to interview you
You receive any official notices about the incident

The sooner we’re involved, the better we can protect your rights and help manage the situation.

Understanding State Laws for Dog Bite Victims

If you’ve been bitten by someone’s dog, it’s important to understand that you may be entitled to compensation for your injuries, medical expenses, lost wages, and pain and suffering. Dog bite cases involve both criminal and civil components, with victims able to pursue compensation civilly while the dog owner may face criminal penalties.

Ohio’s Dog Bite Laws for Victims

Ohio follows a “strict liability” rule for dog bites. Under Ohio Revised Code Section 955.28, dog owners are liable for any injury, death, or property damage their dog causes. The victim doesn’t need to prove the owner was negligent or knew the dog was dangerous. This statute makes it easier for victims to receive compensation.

Florida’s Dog Bite Laws for Victims

Florida’s dog bite statute (Florida Statutes Section 767.04) holds dog owners liable for injuries their dogs cause to people in public places or lawfully in private places. Florida’s law does include some exceptions, such as if the victim provoked the dog or if the owner had prominently displayed a “Bad Dog” sign (except in cases involving children under 6).

Types of Compensation Available to Dog Bite Victims

Dog bite victims may be entitled to recover damages for:

Medical expenses (including future medical care)
Lost wages and diminished earning capacity
Pain and suffering
Emotional distress and psychological trauma
Scarring and disfigurement
Property damage

Statute of Limitations

It’s important to be aware of time limits for filing a claim:

In Ohio, victims generally have two years from the date of the bite to file a lawsuit
In Florida, victims also have two years to file a personal injury lawsuit

The Importance of Legal Representation

While the laws in both states provide strong protections for dog bite victims, navigating the legal system can be challenging. Insurance companies often attempt to minimize payouts or shift blame to the victim. Having experienced legal representation can help ensure you receive fair compensation for your injuries.

Protecting Your Rights After a Dangerous Dog Attack

If you’ve been bitten by a dog, taking these steps can help protect your legal rights:

Seek medical attention immediately – Even seemingly minor bites can lead to infection or other complications
Report the incident to local animal control or police
Document everything – Take photos of your injuries, the location, and any relevant conditions
Gather information about the dog and its owner
Keep records of all medical treatments and expenses
Avoid discussing the case on social media
Consult with an attorney experienced in dog bite cases

Conclusion: Navigating Dog Laws and Legal Options

Whether you’re a dog bite victim seeking compensation or a dog owner concerned about potential liability, it’s important to know that these cases involve complex legal considerations. A dog may be deemed dangerous under the law even without prior incidents, depending on the circumstances of the attack.

Dog owners should understand that they can face criminal charges and potentially go to jail if their dog bites someone, particularly if negligence was involved. Victims should know they can pursue compensation civilly while the dog owner may be held accountable criminally for the same incident.

If you’ve suffered injuries from a dog attack, you deserve knowledgeable legal representation to help navigate both the civil claims process and any criminal proceedings against the dog owner. The right attorney can help ensure that your rights are protected and that you receive the compensation you deserve for your injuries.

Contact Podor Law today for a free consultation about your dog bite case. Our experienced attorneys understand the physical, emotional, and financial toll that a dog attack can take, and we’re committed to helping you seek justice and fair compensation.

Sources:

Ohio Revised Code § 955.99 – Penalties for failing to control dangerous/vicious dogs (Chapter 955 – Ohio Revised Code)
Franklin County, OH Animal Control – Overview of Ohio dog laws (Franklin County Animal Care and Control – Dog Laws & Licenses)
Court News Ohio – Ohio Supreme Court ruling on dangerous dogs (2019) (Dog’s History of Biting Can Be Used to Convict Owner of Crime)
My Florida Legal (Florida Attorney General) – Explanation of Florida dog bite criminal penalties (Dog attacks, owner’s liability)
WFTV News – Volusia County, FL dog attack case (Attorney says negligence will be determining factor in charges for dog attack death case)
WESH News (Orlando) – Report on deadly dog attack and Florida law (Former Bill for statewide dangerous dog registry gains traction)
ABC6 News – Pickaway County, OH case: Owners convicted in fatal dog mauling (Mother, son found guilty of involuntary manslaughter in dog mauling case)
WSAZ News – Cincinnati, OH case: Father charged after dogs killed his 3-year-old daughter (Dad charged after 3-year-old daughter mauled to death by dogs)
WUSF News – Florida lifts breed-specific bans (2023 law change) (Florida law lifts ban on all dog breeds, pit bulls still controversial)
Animal Legal & Historical Center – Summary of Florida dangerous dog definition and owner requirements (State Dangerous Dog Laws)