Defense for Owners and Operators of Property Used for Animal Fighting

In Miami-Dade, these cases often come out of raids on farms, ranches, warehouses, and large lots in the outer parts of the county. When police find a fight, or find birds and equipment kept for fighting, the owner or manager of the property can end up facing the same felony as everyone else.

If police searched your property, if you received a call or a card from an investigator, or if a tenant's activity has put your name in a report, you need a defense lawyer now.

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

The Charge: Section 828.122(3)(c)

Under s. 828.122(3)(c) of the Florida Statutes, it is a third-degree felony to knowingly own, lease, manage, operate, or have control of any property kept or used for any of the animal fighting or baiting activities the statute lists, or for owning, possessing, or selling equipment for those activities.

To convict you, the State has to prove each of these:

1. You acted knowingly. The statute applies to a person who knowingly commits the act.
2. You had a connection to the property of the kind the law lists: owning, leasing, managing, operating, or having control of it.
3. The property was kept or used for one of the activities the statute describes: baiting, breeding, training, transporting, selling, owning, possessing, or using an animal for the purpose of animal fighting or baiting, or owning, possessing, or selling equipment for use in those activities.

"Animal fighting" in this law means fighting between roosters or other birds, or between dogs, bears, or other animals.

Other Parts of the Same Law That Often Come Up

The same subsection lists other acts that are also third-degree felonies when done knowingly. In property cases, these are the ones we see charged alongside:

• Promoting, staging, advertising, or charging an admission fee to a fight.
• Equipment: owning, possessing, or selling equipment for use in fighting or baiting.
• Helping a fight happen, including providing security, refereeing, handling or transporting animals, or holding the money that was bet.
• Betting or wagering on a fight.
• Attending a fight.
• Minors: since October 1, 2026, an adult who gets a minor involved, or commits any of these acts in front of a minor, commits a separate third-degree felony.

The statute also says that possessing the animal alone is not a violation. For more on the other charges, see Cockfighting and Animal Fighting Defense.

What Is at Stake

• A felony record. A third-degree felony in Florida can carry up to 5 years in prison and a fine of up to $5,000 under the state's general penalty statutes. Those are the general maximums, not what every case gets.
• The animals and equipment on the property. When a court finds probable cause, it must order the seizure of the animals and equipment used in the violation. Police can also take animals as evidence at the time of arrest. If no shelter is available, the court can order the animals held on the owner's own property, require the owner to care for them, and allow regular inspections.
• A hearing over the animals. For the animal custody hearing, the law treats any animal bred, trained, transported, sold, owned, possessed, or used for fighting or baiting as mistreated.
• A ban on owning animals. After a conviction, the judge can order you not to own, keep, or have custody of animals of the same species, or any animals kept for fighting, for a period the judge decides.
• Your property itself. Section 828.122 orders the seizure of animals and equipment. It does not mention taking the land or building. Other forfeiture laws are a separate question. If the State or anyone else tries to go after the property, we address it right away.
• Immigration, licenses, and business. For anyone who is not a U.S. citizen, holds a professional license, or runs a business on the property, a felony charge needs careful handling from day one.

How We Defend These Cases

1. What did you actually know? Owning land is not a crime. Many owners lease to tenants, rent space, or live far from the property. The State must prove you acted knowingly, not just that your name is on the deed or the lease.
2. Did you really control the property? The law lists owning, leasing, managing, operating, or having control. We look closely at who actually ran the place day to day.
3. Was the property kept or used for fighting? Raising roosters, keeping livestock, and farming are not crimes. The law exempts using animals to work livestock for agricultural purposes and lawful hunting, and it does not interfere with recognized animal husbandry and training practices not otherwise prohibited by law. We test whether the State can prove the property was kept or used for fighting.
4. Was the search legal? These cases usually start with a search of a home, farm, or business. If police entered without a valid warrant or a valid exception, the evidence may be challenged. See Motions to Suppress.
5. Separate you from everyone else. In a raid with many arrests, reports often lump people together. We separate what you did and knew from what others did.

What to Do Right Now

1. Do not explain anything to police or investigators, even to say you are only the landlord. Say you want a lawyer and stop talking.
2. Do not go onto the property to move or remove anything police seized or impounded. Removing an impounded animal without the court's permission is its own felony under this law.
3. Gather your papers: deeds, leases, rental agreements, payment records, and any messages with tenants or managers.
4. Do not post about it or text other people connected to the property.
5. If someone is still in jail, see Bond & Nebbia Hearings. If there is a warrant, see Self-Surrender.
6. Call us. Our office answers 24 hours a day.

Related Pages

• Cockfighting and Animal Fighting Defense
• Animal Cruelty and Neglect Defense
• Illegal Gambling Defense
• Economic Crimes Defense

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.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

I own the land but I rent it out. Can I be charged?

The law covers a person who knowingly owns, leases, manages, operates, or has control of property kept or used for animal fighting. The key word is knowingly. Owning property a tenant misused is not, by itself, proof that you knew.

Is this a different crime from cockfighting?

It is part of the same law, s. 828.122, and it carries the same level: a third-degree felony. It is listed as its own act, so the State can charge it even if you were not at the fight.

Can they take my property?

Section 828.122 orders the seizure of animals and equipment used in the violation. It does not mention taking the land or building. Other forfeiture laws are a separate question, and if anyone tries to take the property, we respond immediately.

I raise roosters on my farm. Is that illegal?

Not by itself. The statute says possessing the animal alone is not a violation. The question is whether the property and the animals were kept or used for fighting.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.