Can You Go to Jail if Your Dog Bites Someone? Legal Consequences Explained

If you or someone you love has just been seriously bitten by somebody else’s dog, you’re probably running through a lot of questions all at once right now. The medical bills are starting to pile up. Maybe the wound needs surgery, maybe the kids are scared to go outside, maybe you’re just trying to figure out what comes next. And somewhere in the middle of all that, a thought starts creeping in. Can the owner of the dog actually face criminal charges over this? Or is the only option just suing them for money?

The honest answer is, yes, dog owners absolutely can face criminal charges, and in some cases they can even go to prison for years. It just doesn’t happen in every case. It really depends on the specific circumstances of the attack, the dog’s history, the owner’s behavior leading up to the incident, and the laws of the state where the bite actually happened. Most dog bite cases stay in civil court, where the victim is pursuing compensation through the owner’s insurance. But when the injuries are severe enough, when the owner was reckless enough, or when the dog had a documented history of aggression, the criminal justice system absolutely gets involved.

So we put this guide together to walk you through exactly when a dog bite can lead to criminal charges, what those charges look like in Ohio and Florida specifically, and what your rights are as the victim of an attack. Most articles out there on this topic are written from the dog owner’s perspective. This one is written for you, the person who got hurt.

Understanding Criminal Liability for Dog Owners

Yes, the owner of a dog can go to jail if their dog bites someone, but not in every case. Criminal charges typically come up in more serious situations where certain aggravating factors are present in the case. 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 absolutely may get involved.

Dog owners often don’t realize they could face criminal penalties until they’re already in legal trouble over it. The CDC actually estimates that there are around 4.5 million dog bites reported in the United States every single year, with about 800,000 victims requiring medical attention because of them. About half of those bites occur in children, and roughly 30 to 50 fatal attacks happen across the country every year, a number that has actually doubled since the start of the COVID-19 pandemic according to recent reporting.

In this article, we’ll really walk you through:

• When dog bites can actually result in criminal charges being filed
• The types of criminal charges an owner might face in Ohio and Florida
• Real cases where owners went to prison (and others where they did not)
• What it means for your civil claim if criminal charges are also being filed
• What you should do immediately after being bitten to protect both kinds of cases
• How Podor Law can really help you pursue full compensation as a victim

When a Dog Attack Leads to Criminal Charges

When a dog bites someone, several key factors determine whether prosecutors will end up pursuing a criminal case against the 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 against the owner. Both Ohio and Florida laws distinguish very clearly 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, permanent disfigurement, or any disability) and the dog meets the legal definition of a “vicious dog” under Ohio Revised Code § 955.11, the owner may face a first-degree misdemeanor charge. If the dog kills a person, the charge elevates to a fourth-degree felony under ORC § 955.99. In some cases prosecutors may even add more serious felony charges on top of these, like involuntary manslaughter or reckless homicide.

Prior Knowledge of Aggressive Tendencies

Now, a critical factor in criminal liability is whether the owner knew (or really should have known) that their dog posed a danger to others. If the dog has:

• Previously bitten someone (even just once)
• Been officially designated as “dangerous” or “vicious” by animal control
• Shown aggressive behavior that the owner was clearly aware of

…then the legal risk to the owner increases substantially. In a landmark 2019 decision, the Ohio Supreme Court ruled that a dog’s history of biting can be used to convict the owner of a crime, even if the dog wasn’t ever officially declared dangerous beforehand. This is honestly huge for victims, since it means a clear paper trail of prior aggression can be brought into court even without an official designation.

When the Dog is Classified as a “Dangerous Dog”

Both Ohio and Florida have specific classifications for problematic dogs that come with their own legal consequences.

Ohio classifies dogs into three categories under ORC § 955.11:

• Nuisance dogs: Those that menacingly chase or approach people in an apparent attitude of attack
• Dangerous dogs: Those that have caused injury, killed another dog, or gone at large with priors
• Vicious dogs: Those that have killed or caused serious injury to a person without provocation

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

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

• Aggressively bitten, attacked, or endangered any person
• More than once severely injured or killed a domestic animal
• Chased or approached people on public property in a menacing manner

If a dog has been officially designated as dangerous, the owner has to follow strict requirements. Failing to do so is actually itself a criminal offense in Florida, and if the dog later injures someone, the owner faces enhanced criminal penalties for it.

Level of Owner Negligence

Prosecutors look really closely at the owner’s actions before and during the incident. Were they:

• Violating leash laws or confinement requirements at the time?
• Failing to maintain proper fencing or restraints around their property?
• Ignoring known problems with their dog’s aggressive behavior?
• Using their dog as a weapon or actively encouraging aggression?

Cases where dog owners showed reckless disregard for safety typically lead to the most serious criminal charges, hands down. The really high-profile Pickaway County case in Ohio that we’ll discuss in detail below hinged on the fact that the owners’ front door had a broken latch that couldn’t properly close, letting the dogs escape and kill a neighbor. That 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 still important to know exactly what laws apply in your area. Florida law now prohibits local governments from banning or regulating dogs by breed under HB 941, and Ohio removed language that automatically deemed pit bulls “vicious” back in 2012.

Instead, both states now focus on a dog’s actual behavior rather than just its breed when determining the legal consequences. However, owners of breeds traditionally considered “high-risk” should know that they may face greater scrutiny following an incident, even without breed-specific laws.

Repeat Offenses

Multiple incidents significantly increase the likelihood of criminal prosecution against the owner. Prosecutors are honestly much more aggressive when dealing with repeat offenses, particularly if a prior incident already resulted in a warning, a citation, or a dangerous dog designation. The paper trail of prior complaints is exactly the kind of evidence that turns a civil case into a criminal one.

The owner’s silence is often the smoking gun: In the cases that actually result in criminal convictions, there is almost always a documented history of complaints that the owner ignored. Neighbors calling animal control. The HOA sending warning letters. The dog’s first bite getting brushed off as a fluke. By the time the severe attack happens, prosecutors don’t have to prove the owner was negligent in some abstract sense. They have a literal file folder of warnings the owner chose not to act on. If you have any reason to believe the dog that bit you had a history, ask the responding officers and animal control to look up the dog’s prior incident history. That file is often the difference between a civil settlement and a criminal conviction.

Types of Criminal Charges for Dog Owners After a Bite

If a dog bites someone, the owner could potentially face a range of criminal charges depending entirely on the circumstances of the attack:

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 a fine of up to $1,000 under ORC § 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 any subsequent violations (up to 60 days).

In Florida, if a dog previously declared dangerous bites someone without provocation, the owner is guilty of a first-degree misdemeanor under Florida Statute § 767.13, punishable by up to 1 year in jail and a $1,000 fine.

Florida also has a separate provision for dogs that were not previously declared dangerous. Under Florida Statute § 767.136, if the owner knew their dog had vicious tendencies and the dog seriously injures or kills someone, the owner can be charged with a second-degree misdemeanor (up to 60 days in jail).

Felony Charges

The more serious consequences apply in fatal attacks and severe injury cases:

In Ohio, if a vicious dog kills someone, the owner can face a fourth-degree felony under ORC § 955.99, punishable by up to 18 months in prison. But that’s just the dog-specific charge. Prosecutors will often stack additional felony charges on top, like involuntary manslaughter or reckless homicide, which can really increase the maximum sentence significantly.

In Florida, if a previously declared dangerous dog attacks and causes severe injury or death, the owner is guilty of a third-degree felony under Florida Statute § 767.13, punishable by up to 5 years in prison plus fines up to $5,000.

Involuntary Manslaughter or Homicide Charges

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

• The dog actually kills someone
• The owner’s negligence was extreme (broken doors, unrepaired fences, dogs known to be dangerous)
• There was a documented history of problems with the specific dog

Just to give you a sense of how serious this can get, in Pickaway County, Ohio, a mother and son were both convicted of involuntary manslaughter after their pit bulls mauled a 73-year-old neighbor named JoAnn Echelbarger to death in October 2024. The two owners, Susan and Adam Withers, were each sentenced in April 2025 to 14 to 19.5 years in prison. Neighbors had complained about the dogs for years, and prosecutors really highlighted the broken front door latch that allowed the dogs to escape.

Criminal Negligence and Reckless Endangerment

These charges may also be filed in cases where:

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

Violation of Specific Dangerous Dog Statutes

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

• Special registration and identification with animal control
• Secure confinement on the owner’s property
• Muzzling and leashing requirements anytime the dog is in public
• Mandatory liability insurance policies
• Warning signs posted on the owner’s 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 under ORC § 955.22. Florida has similar requirements, plus a mandatory liability insurance policy specifically for the dangerous dog.

Real Cases: Criminal Prosecution When a Dog Attacks Someone

Looking at actual recent cases from Ohio and Florida really provides insight into how courts are now handling serious dog bite incidents:

Examples of Owners Who Faced Criminal Charges

Example 1: Pickaway County, Ohio Fatal Attack (2024-2025)

In October 2024, two pit bulls owned by Susan and Adam Withers escaped through a broken front door latch and viciously mauled their 73-year-old neighbor, JoAnn Echelbarger, while she was working in her flower bed. Her 84-year-old husband, who suffered from Parkinson’s disease, watched the entire attack from the screened-in porch.

Neighbors had complained about these dogs for years before the attack, with documented warnings going back as far as 2015 according to the family’s wrongful death lawsuit. After the fatal attack, prosecutors charged both owners with involuntary manslaughter (a felony), along with failure to confine vicious dogs and failure to keep vicious dogs under reasonable control. A jury convicted them on all counts in February 2025, and Judge Matthew Chafin sentenced them in April 2025 to 14 to 19.5 years in prison each. It’s believed to be the longest criminal sentence ever handed down for a dog attack in Ohio history.

Example 2: Cincinnati Fatal Attack on Child (2024-2026)

In December 2024 in Cincinnati, two dogs owned by Warren Houston attacked and killed his own 3-year-old daughter, Kingsley Wright, while he was asleep in another room. Prosecutors said the dogs were kept in a single cage with a broken latch, and that Houston knew at least one of the dogs was dangerous. The attack reportedly lasted around 30 minutes.

Houston was indicted on charges of involuntary manslaughter, reckless homicide, and child endangerment. He was found guilty at a bench trial in April 2026, and Judge Virginia Tallent sentenced him in May 2026 to 5 to 7.5 years in prison. A civil lawsuit related to the case is also currently pending.

Example 3: Volusia County, Florida Fatal Attack (2023)

In Volusia County in 2023, an 8-year-old boy was tragically killed by two roaming dogs in the area. The dogs had not been declared dangerous previously, which actually complicated the criminal prosecution significantly. Without proof the owner knew the dogs were aggressive, the toughest charge under Florida’s dog-specific law would have been a second-degree misdemeanor. However, because the outcome was so horrific, the State Attorney’s Office considered more aggressive charges like manslaughter by arguing that the owner’s gross negligence in letting the dogs run loose constituted culpable negligence under Florida law.

Factors That Often Determine Outcomes

Based on actual criminal cases across both Ohio and Florida, these factors typically determine whether a dog owner serves jail time:

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

What This Means for You as a Victim

Here’s the part most articles really skip over. If you’ve been bitten, you’re really not waiting around for the prosecutor’s office to decide what to do. You have your own civil claim to pursue, and that claim runs on its own track, separate from any criminal proceedings.

Criminal and Civil Cases Run Independently

A criminal case is the state versus the dog owner. The prosecutor decides whether to file charges, what charges to file, and whether to take the case to trial. You don’t actually control any of that as the victim, although your cooperation and testimony absolutely matter to the outcome.

Your civil case is you versus the dog owner. You decide when to file, what to demand, and whether to settle or go to trial. The criminal case can take months or even years to resolve, but you really shouldn’t wait on it to pursue your own claim for medical bills, lost wages, and pain and suffering.

Criminal Convictions Help Your Civil Case

When a dog owner is convicted criminally, that conviction can be used as powerful evidence in your civil case. The legal doctrine is called collateral estoppel, and it basically means the owner can’t relitigate facts that were already proven against them beyond a reasonable doubt in criminal court. So if the owner was convicted of failing to confine a vicious dog, they can’t really turn around in civil court and claim they had no idea the dog was dangerous.

You Don’t Need a Criminal Conviction to Win Civilly

This part is honestly really important. The civil burden of proof is much lower than the criminal burden. In civil court, you only need to prove the owner was liable “by a preponderance of the evidence”, which basically means more likely than not. In criminal court, the prosecutor needs to prove guilt “beyond a reasonable doubt.”

So even if the prosecutor declines to file charges or the criminal case ends in an acquittal, you can absolutely still win your civil case and recover full compensation for everything you went through.

Understanding State Laws for Dog Bite Victims

If you’ve been bitten by someone’s dog, it’s really important to understand that you may be entitled to compensation for your injuries, your medical expenses, your lost wages, and your 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 for the same incident.

Ohio’s Dog Bite Laws for Victims

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

The only major exceptions to strict liability in Ohio are if the victim was teasing, tormenting, or abusing the dog at the time, if the victim was trespassing on the owner’s property, or if the victim was committing another criminal offense against the owner.

Florida’s Dog Bite Laws for Victims

Florida’s dog bite statute under Florida Statute § 767.04 holds dog owners liable for injuries their dogs cause to people in public places or lawfully in private places, even if the dog has never bitten anyone before. Florida’s law does include some exceptions, like if the victim provoked the dog or if the owner prominently displayed a “Bad Dog” sign on their property (although that sign exception specifically doesn’t apply in cases involving children under the age of 6).

Types of Compensation Available to Dog Bite Victims

Dog bite victims may be entitled to recover damages for:

• Medical expenses (including all future medical care that’s needed)
• Lost wages and any diminished earning capacity going forward
• Pain and suffering compensation
• Emotional distress and psychological trauma from the attack
• Scarring and disfigurement, especially in cases involving facial bites
• Property damage caused by the incident

Statute of Limitations

It’s really important to be aware of the time limits for filing your claim:

• In Ohio, victims generally have two years from the date of the bite to file a lawsuit under ORC § 2305.10
• In Florida, victims also have two years to file a personal injury lawsuit under Florida Statute § 95.11, which was reduced from four years under HB 837 back in 2023

Missing either of these deadlines can permanently bar your ability to recover anything at all, no matter how serious the bite was.

What to Do Right After a Dog Bite

The actions you take immediately after a dog bite incident can significantly impact both your civil claim and any potential criminal investigation. Follow these critical steps to protect yourself:

Immediate Steps

1. Get to safety first to prevent any further injuries from the same dog
2. Seek immediate medical attention, even if the bite seems minor (rabies, infection, and tissue damage are all real risks here)
3. Identify the dog and the owner if you can do so safely after the incident
4. Report the bite to animal control as required by both Ohio and Florida law
5. Document everything at the scene as soon as it’s possible to do so
6. Contact Podor Law as soon as possible for guidance on your case

Documentation to Gather

• Photos of your injuries at every stage of healing throughout your recovery
• Photos of the location where the bite actually occurred
• Contact information for any witnesses who saw the incident happen
• Copies of your medical records and every bill associated with the bite
• Records of any prior complaints about the dog if you happen to know neighbors
• The official animal control report number and any case documents

Reporting Requirements

Both Ohio and Florida require that dog bites be reported to local health authorities. In Ohio, a biting dog must typically be quarantined for at least 10 days for rabies observation. Failure by the owner to comply with these requirements can actually result in additional criminal charges being filed.

What NOT to Do

• Don’t sign anything the owner or their insurance company puts in front of you
• Don’t accept the first settlement offer that comes your way
• Don’t post about the incident on social media where insurance can find it
• Don’t delay medical treatment, since gaps in treatment really hurt your case
• Don’t communicate directly with the dog owner once an attorney is involved

When to Contact an Attorney

Contact Podor Law immediately if:

• The bite caused serious injuries requiring medical treatment
• The bite resulted in scarring, especially anywhere on the face or hands
• A child was the victim of the attack
• The dog had a known history of aggression toward people
• You’re being pressured to settle quickly by the owner’s insurance
• The owner is denying responsibility or disputing the basic facts

The sooner we’re involved in your case, the better we can really protect your rights and help you maximize your recovery from this whole situation.

Conclusion: Navigating Dog Bite Laws and Your Legal Options

Whether you’re a dog bite victim seeking compensation or a family member trying to figure out the next steps after a serious attack, it’s really important to know that these cases involve complex legal considerations that genuinely require professional help to navigate properly. A dog may be deemed dangerous under the law even without prior incidents on record, depending entirely on the circumstances of the specific attack.

Dog owners absolutely can face criminal charges and potentially go to jail if their dog bites someone, particularly when negligence was involved in the case. As a victim, you should know that you can pursue compensation civilly while the dog owner may also be held accountable criminally for the very same incident. Both tracks operate independently, and a criminal conviction (or even just criminal charges being filed) can genuinely strengthen your civil case for compensation.

If you’ve suffered injuries from a dog attack, you deserve really knowledgeable legal representation to help you navigate both the civil claims process and any criminal proceedings that may be unfolding against the dog owner. The right attorney can help make sure that your rights are protected and that you receive the full compensation you actually deserve for everything you went through.

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

Sources

Federal Government and Research

• Dog Bites: Preventing Dog Bites | Centers for Disease Control and Prevention
• Fatal Dog Attacks Are Rising | USA Today, 2025

Ohio Statutes and Case Law

• Ohio Revised Code § 955.11 | Definitions for Chapter 955
• Ohio Revised Code § 955.22 | Confining, Restraining, Debarking Dogs
• Ohio Revised Code § 955.28 | Liability of Owner for Damages by Dog
• Ohio Revised Code § 955.99 | Penalties for Dog-Related Offenses
• Ohio Revised Code § 2305.10 | Bodily Injury Statute of Limitations
• State v. Jones, 2019-Ohio-5128 | Supreme Court of Ohio

Florida Statutes

• Florida Statutes Chapter 767 | Damage by Dogs; Dangerous Dogs
• Florida Statute § 767.04 | Dog Owner’s Liability for Bites
• Florida Statute § 767.13 | Attack or Bite by Dangerous Dog; Penalties
• Florida Statute § 767.136 | Owner Knowledge of Vicious Propensities
• Florida Statute § 95.11 | Limitations of Actions
• Florida HB 941 (2023) | Breed-Specific Regulations Preemption

News Coverage of Cited Cases

• Pickaway County Sentencing | 10TV News, April 2025
• Cincinnati Father Sentenced | Local12 News, May 2026