Went for a walk a couple days ago and out of nowhere a large mixed breed dog, maybe 70-80 pounds started walking (almost stalking) me growling and baring its teeth. I was armed and put my hand on my weapon but did not draw it.....I began to slowly step backwards and after 30 seconds or so, the dog retreated.....This got me to thinking "what if I would have had to defend myself against the animal? Would there be legal issues?" I found the below article and figured self defense against an animal would be similar to self defense against a person.....Ultimately I think I would be ok but legal fees etc. could mount up for sure.....makes me wonder....
Was It Self-Defense?
While many animal cruelty laws don't specifically mention a self-defense exception, the Washington Court of Appeals recently found that the constitutional right of self-defense does apply to animal attackers. Wait, isn't that common sense? Not necessarily. A Washington man was charged with animal cruelty in the first degree when he shot at a dog, which may or may not have been attacking him (depending on whose story you believe). The man argued that he had a right to shoot the dog because he was protecting himself. The prosecutor disagreed, contending that Washington's self-defense law only applied to a human attacker, not an animal attacker. The trial judge agreed with the prosecution and refused to allow the jury to consider the man's self-defense claim. The appeals court, however, sided with the defendant and overturned the trial court's decision. So yes, in some cases, courts have found that you do have a right of self-defense against an attacking animal. If you are ever charged with animal cruelty, an experienced criminal defense attorney may be able to help you determine if these animal cruelty defenses apply to your case.
Was It Self-Defense?
While many animal cruelty laws don't specifically mention a self-defense exception, the Washington Court of Appeals recently found that the constitutional right of self-defense does apply to animal attackers. Wait, isn't that common sense? Not necessarily. A Washington man was charged with animal cruelty in the first degree when he shot at a dog, which may or may not have been attacking him (depending on whose story you believe). The man argued that he had a right to shoot the dog because he was protecting himself. The prosecutor disagreed, contending that Washington's self-defense law only applied to a human attacker, not an animal attacker. The trial judge agreed with the prosecution and refused to allow the jury to consider the man's self-defense claim. The appeals court, however, sided with the defendant and overturned the trial court's decision. So yes, in some cases, courts have found that you do have a right of self-defense against an attacking animal. If you are ever charged with animal cruelty, an experienced criminal defense attorney may be able to help you determine if these animal cruelty defenses apply to your case.