Penal Code 399 PC | Failing to Control a Dangerous Animal

Penal Code 399 PC – Failing to Control a Dangerous Animal

Owning a dangerous animal like a pit bull or a rottweiler comes with a lot of responsibility. If you don’t take proper precautions to keep the animal under control, you could face criminal charges under California’s law against failing to control a dangerous animal (Penal Code 399 PC).

Penal Code 399 PC makes it a crime to own, possess, harbor, or control any dangerous animal that causes injury to another person. A conviction can lead to 6 months in county jail and a fine up to $1,000.

In this article, we’ll explain:

• The legal definition of a dangerous animal in California
• The penalties for failing to control a dangerous animal
• Legal defenses that a skilled attorney could use to fight the charges
• Next steps if you are facing charges under this law

What is a Dangerous Animal Under Penal Code 399 PC?

California law doesn’t have a set definition for a “dangerous” animal. However, case law has established that dogs with aggressive reputations like pit bulls, rottweilers, and presa canarios would qualify. The prosecution only needs to show that the owner knew (or should have known) the animal had dangerous tendencies.

In other words, you can’t get off the hook by claiming you didn’t know your pit bull was dangerous. The prosecutor only has to show that a reasonable owner should have known about the breed’s reputation for aggression.

Here are some examples where owners were convicted under Penal Code 399 PC:

• A pit bull broke free from its chain and mauled a neighbor.
• A man was unable to control his two presa canarios, who killed a woman in an apartment building hallway.
• A pit bull bit a young girl who was playing in the street.

In each case, the owner was found criminally negligent because they failed to properly restrain a dog breed known for aggression.

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Penalties for Failing to Control a Dangerous Animal

If convicted under Penal Code 399 PC, you face:

• Up to 6 months in county jail, and/or
• A fine up to $1,000¹

In addition to the criminal penalties, you may also be held civilly liable by any victims injured by your animal. A personal injury lawsuit could lead to having to pay for the victim’s medical bills, lost wages, and pain and suffering damages.

Legal Defenses to Penal Code 399 PC

Just because your dog bit someone doesn’t automatically make you guilty. An experienced California criminal defense attorney could argue that:

• You took reasonable precautions – You may not be criminally negligent if you took reasonable steps to restrain the animal, like keeping it leashed, muzzled, or locked in a pen with adequate fencing.
• The victim provoked the animal – You aren’t required to anticipate every possible circumstance. If the evidence shows the victim provoked the attack, you may not be liable.
• The breed is not inherently dangerous – Unless you have a pit bull, rottweiler or other breed with a reputation for aggression, the prosecutor would have to show this particular animal had dangerous tendencies.

With an experienced criminal defense lawyer on your side, you may be able to negotiate a plea bargain to lesser charges like disturbing the peace (Penal Code 415 PC). This would reduce the penalties and help avoid the long-lasting consequences of a conviction under Penal Code 399 PC.

Next Steps If You Are Facing Charges Under Penal Code 399 PC

If you have been charged with failing to control a dangerous animal in California, don’t wait to seek legal help. A skilled lawyer can protect your rights and possibly get the charges reduced or dismissed. Here are some steps to take immediately:

1. Remain silent and do not try to explain anything to law enforcement. You have the right to remain silent – use it.
2. Hire an experienced criminal defense attorney. An aggressive lawyer can thoroughly investigate the charges and build the strongest defense.
3. Follow your attorney’s advice about speaking to prosecutors or anyone else about the case. Anything you say can potentially be used against you.
4. Ask your lawyer about possibly negotiating a plea bargain for lesser charges.
5. Make sure your attorney understands any mitigating circumstances about what happened so they can make the best arguments on your behalf.

A conviction under California’s law against failing to control a dangerous animal can have consequences that far outlast the criminal penalties. You need knowledgeable legal counsel to protect your rights.

1. California Penal Code section 19 – Punishment for misdemeanor; punishment not otherwise prescribed. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=19.&lawCode=PEN