**** The information written here is not legal advice and the author of this blog is not your lawyer. These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****
Ordinarily, the civil law punishes pet owners by mandating that they pay for medical expenses and damage caused by a pet’s attack, even when it was a friendly attack with unfortunate consequences. Since those financial payments generally resolve the matter sufficiently, people are not often at risk of going to jail because a pet has ruined someone’s things or hurt someone. Unfortunately for poor people, human nature has a desire for revenge and attack victims who cannot collect any money for their suffering might just go to the police for support.
There is a spectrum of mild to drastic criminal charges that the police can use regarding pet attacks. When the attack was connected to violating the leash law or some other local ordinance, the criminal penalty will probably be a ticket. It would probably be the kind of case that can involve an appearance before a judge, but will not involve a jury trial.
If it appears that the owner ordered the animal to attack the victim, the charge might be something like using the pet as a weapon to commit an assault. That kind of case and the others along this spectrum will be handled with all the formal proceedings of a jury trial. To prove that assault charge, there will have to be eyewitness testimony from people who saw the pet owner give the order or else there has to be background testimony from someone who knows that the animal was trained to attack people. When the prosecutor believes that the pet owner had such a lack of concern for people’s safety that he ignored signs that this kind of attack was likely to happen, the owner can be tried for criminal negligence. In situations when the victim died as a result of the attack, the owner can go on trial for homicide.[i]
[i] A helpful book with chapters about dog bites and dangerous dogs is Mary Randolph, EVERY DOG’S LEGAL GUIDE: A MUST-HAVE BOOK FOR YOUR OWNER, Nolo Press (2007). See also the free pet law material from that book’s publisher. http://www.nolo.com/legal-encyclopedia/dogs-cats-pets/ Summaries of relevant cases and citations to state statutes are in Ward Miller, Modern Status of Rule of Absolute or Strict Liability for Dogbite, 51 American Law Reports 4th 446 (1987-updated to 2006).