Dangerous Dog Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Key Terms

• Owner: anyone who possesses, harbors, keeps, or has control or custody of the dog. If the owner is under 18, the parent or guardian.
• Dangerous dog: a dog that, according to animal control records, aggressively bit, attacked, or endangered a person, or severely injured a person; more than once severely injured or killed a domestic animal off the owner's property; or, unprovoked, chased or approached a person in public in a menacing way, backed by a sworn statement and an investigation.
• Severe injury: broken bones, multiple bites, or disfiguring cuts requiring stitches or reconstructive surgery.

What the State Must Prove

Declared dangerous dog bites or attacks (s. 767.13(1); Fla. Std. Jury Instr. (Crim.) 32.5, Elements):

1. You owned the dog.
2. Animal control had declared it a dangerous dog.
3. The dog, without provocation, attacked or bit a person or a domestic animal.

Declared dangerous dog causes severe injury or death (s. 767.13(2); Instr. 32.6, Elements):

1. You owned the dog.
2. Animal control had declared it a dangerous dog.
3. The dog attacked a person, causing severe injury or death.

Unclassified dog causes severe injury or death (s. 767.136; Instr. 32.7, Elements):

1. You owned the dog.
2. It had not been declared dangerous.
3. You knew it had dangerous propensities.
4. It attacked a person.
5. The attack caused severe injury or death.
6. You recklessly disregarded the dog's dangerous propensities under the circumstances.

Defense written into the law: for all three, the owner is not guilty if the person attacked was committing, or trying to commit, a crime at the time.

Degrees and Penalties

• Declared dangerous dog bites or attacks without provocation (s. 767.13(1)): first-degree misdemeanor, up to 1 year and a $1,000 fine.
• Declared dangerous dog causes severe injury or death (s. 767.13(2)): second-degree felony, up to 15 years and a $10,000 fine. Before July 1, 2025, it was a third-degree felony.
• Unclassified dog, severe injury or death (s. 767.136): first-degree misdemeanor. Before July 1, 2025, it was a second-degree misdemeanor.
• The dog: under s. 767.13, the dog must be confiscated, held 10 business days after written notice, and then destroyed. The owner may request a hearing during those 10 days, and a written appeal stops destruction while it is pending.
• Related: breaking the dangerous dog rules (enclosure, muzzle, registration, insurance) is a noncriminal infraction of up to $1,000, but resisting or obstructing animal control is a first-degree misdemeanor.

The Classification Fight

Animal control must investigate and give the owner written notice before declaring a dog dangerous. The owner has 7 calendar days after notice to request a hearing. A dog may not be declared dangerous if the victim was unlawfully on the property or was tormenting or assaulting the dog, its owner, or family, or if the dog was protecting someone from an unjustified attack. The s. 767.13 charges rest on that classification.

Common Miami Situations

• A dog that slips out of a yard in a townhouse community and bites a neighbor.
• A dog already declared dangerous that gets past a gate during a delivery.
• A bite to a person who came onto the property uninvited.

Defense Themes

• Was the dog properly declared dangerous? Notice, hearing, and records matter.
• Provocation and trespass. The victim's conduct can defeat the classification or the charge.
• Was it "severe injury"? The statute defines it.
• Knowledge and recklessness for an unclassified dog.
• Who is the owner? Custody and control are facts to prove.

What to Do First

1. Request the classification hearing within 7 days if you receive notice.
2. Keep the dog confined as the law requires while things are pending.
3. Do not give statements to animal control or police about the dog's history without advice.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can I go to jail because my dog bit someone?

Yes, in some cases: if the dog was already declared dangerous, or if any dog caused severe injury or death and you knew of and recklessly disregarded its dangerous propensities.

What if the person was trespassing?

If the person was committing a crime at the time, the owner is not guilty under these laws. A trespasser may also prevent a dangerous dog classification.

Will animal control put my dog down?

For the s. 767.13 offenses, the law requires confiscation and, after 10 business days, destruction. You may request a hearing in that window, and a written appeal stops destruction while it is pending.