Aggravated Assault (Felony) Laws: Dog Bites and Vicious Animals attacks may result in Felony Assault charges for the owner
Under Phoenix AZ Assault Laws, an owner of a dog that or bites or attacks another person may be held responsible with criminal liability, and face serious felony assault charges. Charges of this nature will expose a person to prison terms and other harsh penalties. If you face any type of assault charges, you should consult a criminal attorney to discuss your matter. Below are laws that pertaining to assault and aggravated assault involving dog bites and “Vicious Animal” attacks, and criminal liability.
A.R.S. § 13- 1208. Assault; vicious animals:
A. Person (s) who intentionally or knowingly causes a dog to bite and inflict serious physical injury on a human being; or cause serious physical injury to another person is guilty of a Class 3 felony; B. Person (s) who own a dog that the owner knows has a history or propensity to bite or cause injury or endangers another’s safety; in absence of provocation; or has been declared a “vicious animal” by a court of law; that bites, inflicts physical injury; or attacks a human being while the dog is unrestrained, or considered at large is guilty of a Class 5 felony; C. Person (s) who own or are responsible for a dog; that knows it’ history or propensity to bite or cause injury to a human being, in absence of provocation; or declared “a vicious animal” by a court of law, who does not take reasonable care (ordinary and prudent care) to restrain the dog, or prohibit it from escaping outside of an enclosed structure, residence, yard or safely leashed, is guilty of a class 1 misdemeanor.
Exceptions to A.R.S. 13-1208 violations:
• This section does not apply to law enforcement dogs owned or used by police or law enforcement agencies used in the performance of police work, at their direction;
• It is a valid defense it a person is found to be justified in using physical force or deadly force in self-defense; or in the defense of a third person pursuant to Chapter 4 “Justification Laws” of A.R.S. Title 13 criminal laws.
Arizona Aggravated Assault: A.R.S. § 13-1204 (A) classification
If a person’s dog is declared a vicious animal by a court of law, or has a known history of attacking or biting a human under A.R.S. § 13-1208 they may be charged with a felony aggravated assault under A.R.S. § 13-1204 (A) if the person knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person under the following circumstances: The animal attack or bite:
• Causes serious physical injury to another;
• Causes temporary but substantial disfigurement;, temporary but substantial loss; impairment of any bodily organ or body part; or fractures any body part;
• A victim is restrained; or does not have the capacity to resist the assault is substantially impaired; Under any of the above situations, the owner, or person responsible for the dog may be charged Class 3 or Class 5 felony exposing them to prison terms of 2 to 15 years; victim restitution, fines, fees, and other penalties ordered by the court.
Criminal Defense for Aggravated (Felony) Assault in Phoenix AZ
If you face any assault charges in Arizona, you should consult a criminal defense lawyer to discuss your case and defense options. The State and prosecution egregiously pursues convictions for crimes involving victims. You will need a legal advocate who will you’re your side of the story; protect your rights and defend your charges, and seek the best possible outcome in your case.
Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI & Criminal Defense Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ Free Consultation
