Can you shoot someone for attacking your dog? Here’s the Answer

There are legal justifications for killing someone else’s dog in some situations—especially when it’s necessary to protect people or property.By

Dogs, cats, and other animals are treated like property under the law. That usually means that people who kill someone elses dog may have to compensate the owner, just as if they destroyed another kind of property that wasnt theirs. They could also face criminal charges, including animal cruelty or criminal property damage. But there are exceptions—certain circumstances when people have the legal right to kill a dog. Some of these exceptions are written into state and local laws, while courts have recognized others.

Most animal cruelty laws make it a crime to kill or injure animals “unnecessarily” or “without justification.” The most obvious justification is self-defense or defending another person from harm. That doesnt necessarily mean, however, that you can shoot a dog just because its growling or barking at you or it has bitten someone in the past. The general rule most courts follow: You must believe its necessary to kill or injure the animal in order to prevent an immediate threat of serious injury—and that belief must be reasonable. (See, for example, Grizzle v. State, 707 P.2d 1210 (Okla. Crim. App. 1985).) Some states, like Georgia, have explicitly included this rule in their laws (Ga. Code Ann. § 16-12-40).

Are you allowed to kill a dog if its not in the midst of attacking a person? That depends on the circumstances, as well as the language in any applicable state laws. For example:

  • A Pennsylvania statute says that its legal to kill a dog seen in the act of chasing or attacking people or other domestic animals, including pets (3 Pa. Cons. Stat. § 459-501). Its not clear, however, how much time might elapse being seeing the attack and killing the dog.
  • A man was charged with animal cruelty after he shot and killed a large Labrador that ran onto his property and attacked his beagle. There were several small children in the vicinity, and the Lab had previously bitten the mans daughter. New York state law didnt give him the right to kill the dog just because it was trespassing (more on that below). Under the circumstances, however, the court found that hed acted reasonably to protect the children. (People v. Wicker, 78 Misc. 2d 811 (N.Y. Town Ct. 1974).)
  • A father was convicted of animal cruelty for killing his girlfriends eight-pound dog after the animal bit their daughter. Because hed already gotten control over the dog before he killed it, the court found that his actions werent necessary to defend his daughter. (Com. v. Daly, 56 N.E.3d 841 (Mass. App. Ct. 2016).)
  • Many states also have laws that make it legal for farmers or others to kill dogs that are chasing, harassing, or injuring their livestock or domestic animals—which may or may not include pets. (For more details, see “When Dogs Hurt or Chase Livestock.”)

    Is it legal to shoot an attacking dog?

    Recently, Our Member Clint found himself in a situation where a stray dog tried to eat his dog. What does the law say? Watch our video to find out how Clint handled the situation.

    Sherry Hale: What happens when a vicious animal attacks your pet? Can I use deadly force to protect my pet? What does the law say? Our member Clint, recently found himself in this very situation.

    Clint: I just got home from work and let the dogs out while I got started on dinner. It felt like only a second had

    gone by when I heard one of my dogs yelp loudly. I ran to the door just in time to see a big black dog attacking one of my babies. He was trying to eat my little dog. I didn’t have time to think, so I grabbed my firearm. After I called the police I called the LawShield emergency hotline on the back of my member card. The program attorney advised me what I should say and do with the police during questioning and no charges were filed.

    Sherry: Whether you’re defending yourself or your four-legged loved one, you’ve got enough to worry about with the stress of the situation, but don’t worry about your financial or actual freedom. We’re here for you with our 24/7/365 Attorney Answered Emergency Hotline. Stay tuned for part two to hear your Independent Program

    Don’t Attack the Dog Closely

    Don’t kick, punch, or use any kind of force close to the other dog to stop the attack. Otherwise, this can escalate the madness, and the other dog might attack you too. Instead, analyze the situation carefully.

    Dog owner says deputy had ‘no right’ to shoot his dog after pit bull attacks