Dogfighting | Penal Code § 597.5 - Griffin Law Office, APC

Description

Competitive Dogfighting is a crime in California. Any person who owns, trains, possesses, keeps any dog, with the intent that the dog shall be engaged in an exhibition of fighting with another dog may be charged with a felony.

What does the prosecutor have to prove?

1. Defendant owned, possessed, kept, or trained a dog.
2. Defendant intended said dog be engaged in an exhibition of fighting with another dog. or
1. Defendant caused a dog to fight with another dog. or
1. Defendant caused dogs to injure each other.
2. Defendant did so for amusement or gain. or
1. Defendant permitted a dog to be engaged in an exhibition of fighting with another dog. or
1. Defendant permitted a dog to fight with another dog. or
1. Defendant permitted dogs to injure each other.
2. Defendant permitted this act to be done on premises under his or her charge or control. or
2. Defendant aided or abetted this act.

Punishment

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

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	Yes
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	Yes
Am I eligible for Prop. 36 drug diversion if convicted?	Yes
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	Yes
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	Yes