Charges for Harming or Interfering with a Police K-9 or Police Horse 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.

The Charges and the Penalties

The law covers police, fire, and search-and-rescue dogs, and police horses.

• Causing great bodily harm, permanent disability, or death to, or using a deadly weapon on, the animal, intentionally and knowingly, without lawful cause or justification: second-degree felony, up to 15 years in prison and a $10,000 fine.
• Actually and intentionally maliciously touching, striking, or causing bodily harm to the animal: third-degree felony, up to 5 years and a $5,000 fine.
• Intentionally or knowingly maliciously harassing, teasing, interfering with, or trying to interfere with the animal while it is performing its duties: first-degree misdemeanor, up to 1 year and a $1,000 fine.
• Resisting a police dog or police horse with violence: knowingly and willfully resisting, obstructing, or opposing a police canine or police horse working at the direction of or with an officer, by offering or doing violence to the animal: third-degree felony.

On conviction, the court must order restitution, including replacement cost if the animal can no longer work.

What the State Must Prove

• 21.19(a): you intentionally and knowingly caused great bodily harm, permanent disability, or death to, or used a deadly weapon on, the animal; it was a police, fire, or search-and-rescue canine or a police horse; and you knew that. See the elements.
• 21.19(b): you actually and intentionally maliciously touched, struck, or caused bodily harm to the animal; it was such an animal; and you knew it. See the elements.
• 21.19(c): you intentionally or knowingly maliciously harassed, teased, interfered with, or tried to interfere with the animal; it was such an animal; it was performing its duties at the time; and you knew it. See the elements.
• 21.1(a), resisting with violence: you knowingly and willfully resisted the animal by offering or doing violence to it; it was working with an officer, as the instruction describes; and you knew it was a police dog or horse. See the elements.

A 2026 change. On June 16, 2026, a new law rewrote the part of the resisting-with-violence statute that covers officers: it now refers to an officer engaged in the performance of official duties, instead of the lawful execution of a legal duty. The police-animal part of the statute was not itself rewritten; it covers an animal working with an officer listed in the officer part. The published jury instruction for this charge (Florida Bar set updated October 9, 2026) was written before the change and still uses the older "lawful execution of a legal duty" wording. What that means in a particular case is a question for your lawyer, early. See Resisting Arrest.

How We Defend These Charges

• Reflex is not malice. Pulling away from or pushing off a dog that is biting you is a human reaction.
• Did you know it was a police animal? In the dark or in a chase, it is not always obvious.
• "Without lawful cause or justification." The second-degree felony statute includes those words.
• Was the deployment lawful? See Motions to Suppress.

What to Do First

1. Get medical care for any bite and keep every record and photo.
2. Ask for a lawyer and don't discuss what happened.
3. 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

Is it a crime to fight off a police dog that is biting me?

The State must prove the elements of a specific charge, including the required intent, malice, or knowing and willful conduct. A reflex to a bite is a key defense question.

Is touching a police horse a crime?

Actually and intentionally maliciously touching or striking a police horse is a third-degree felony. An accidental brush in a crowd is not malicious.

Can I also be charged with resisting?

Yes. Resisting an officer is a separate charge and is often added. See Resisting Arrest.