Description

Failing to Control A Dangerous Animal charges may apply to any persons owning or having custody or control of a mischievous animal. Owners must know the animal’s propensities, and willfully allow it to go at large or be not kept with ordinary care. If the animal kills or causes serious bodily injury to any human being, who has taken all the precautions that the circumstances permitted, may be charged with a felony.

What does the prosecutor have to prove?

1. Defendant owned or had is his or her custody or control a mischievous animal.
2. Defendant, knowing its propensities, willfully suffered it to go at large, or kept it without ordinary care.
3. The animal caused serious bodily injury to a human being.
4. The human being took all precautions the circumstances permitted or which a reasonable person would ordinarily take in the same situation.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?May
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No