Does “Stand Your Ground” Apply to Killing a Dog in Self-Defense?

Florida’s Stand Your Ground (SYG) law allows a criminal defendant to file a motion to dismiss the charges against them if they can show they acted in self-defense. More precisely, the SYG law provides that a person is immune from criminal prosecution if they used non-deadly force to defend himself or another “against the other’s imminent use of unlawful force.” A person can also lawfully use deadly force when they believe it is “necessary to prevent imminent death or great bodily harm” to himself or herself or another.

Typically, a defendant files a motion to dismiss based on SYG before trial. The trial court must then hold an evidentiary hearing to determine if the defendant’s claim of self-defense has merit. If the judge denies the motion, the defendant can then seek immediate appellate review.

Florida Appeals Court Revives Self-Defense Claim in Deadly Pit Bull Attack Case

Just recently, the Florida Fourth District Court of Appeal sided with the defendant in just such an appeal. In this case, the trial court dismissed the defendant’s SYG motion without considering the merits. The Fourth District held the trial judge’s decision was based on an incorrect reading of the law, and at the very least, the defendant was entitled to a hearing.

This particular case, Gabriel v. State, involves the use of deadly force against a dog as opposed to a person. The defendant was walking his own dog one day when he was attacked by an unleashed pit bull. According to the defendant’s own testimony, the pit bull approached him and his dog and made “threatening sounds.” The defendant then “tried to kick the pitbull away,” which only made the animal more aggressive.

The defendant, who was carrying a firearm, then fired “warning shots” over the pit bull’s head to scare the dog away. But this only prompted the dog to attack, pinning the defendant and his dog into a corner. The defendant then shot and killed the pit bull.

Prosecutors charged the defendant with animal cruelty and illegally discharging a firearm in public. The trial court dismissed the defendant’s SYG petition without an evidentiary hearing, holding that the statute did not cover situations where a person uses deadly force against an animal. It only applied to “person to person interactions.”

The Fourth District disagreed and reversed. It explained that the SYG law’s provisions regarding the use of deadly force applied in situations where it was “necessary to prevent imminent death or great bodily harm to himself or herself or another.” Nothing in this language requires the threat to come from a human as opposed to an animal. The defendant therefore could seek immunity from prosecution.

Contact AsiliA Law Firm Today

Florida’s Stand Your Ground law provides important protections for anyone accused of a violent crime. An experienced Miami gun crime lawyer can review your case and advise you if you have a viable SYG defense. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Source:

4dca.flcourts.gov/content/download/2442087/opinion/Opinion_2024-1502.pdf