Would I Be Charged?

Walking down the street on the sidewalk. A big dog comes charging at me and gets to within a few feet of me. I'm not sure if he's going to attack me or not. I have my permitted gun with me. I shoot the dog right before he gets to me. The dog is still in his yard by a few feet. No fence.

Owner claims the dog wouldn't have gotten to me because of the "invisible fence" mechanism.

Am I charged with something?

Because you would have shot a dog, you would probably have to serve more time than if you shot a person.

Originally Posted by Clyde

Walking down the street on the sidewalk. A big dog comes charging at me and gets to within a few feet of me. I'm not sure if he's going to attack me or not. I have my permitted gun with me. I shoot the dog right before he gets to me. The dog is still in his yard by a few feet. No fence.

Owner claims the dog wouldn't have gotten to me because of the "invisible fence" mechanism.

Am I charged with something?

Did the dog leave his owner's property?

Criminally, w/ the facts above, I wouldn't think so, according to the animal cruelty statutes. KRS 525.130(2)(g) and 525.135(3)(f).

Civil Law, if I remember correctly, considers dogs as property. As long as you didn't do it w/ the intention of causing severe emotional distress to the owner, I'm guessing you would, at maximum, have to pay to replace the dog and the cost of a veterinarian if needed. I'm trying to find if Kentucky allows for owners to recover for sentimental loss. This is all depending on being found negligent in shooting the dog. The owner, would be found negligent, I would think as he put the fence line so close to his property line. If he knew of his dog's propensity to charge to the edge of the fence, then he needed to move that bad boy back.

May not be charged but I wouldn't like your chances in civil court if the dog never left the owners property. Also with that said it may depend on if that city has some sort of an ordinance, it they do have one that states dogs must be fenced in whether it be a visible or invisible that could hurt your case.

If someone shot my dog in my yard, I would be the one facing criminal charges.

Clyde, I had a dog do just that a couple of weeks ago only I sized him up as a Lab right away and felt confident he wouldn't attack so I ignored him and nothing happened.

However, in my mind I think I was well within my legal rights to kill the dog.

Originally Posted by theguru

Clyde, I had a dog do just that a couple of weeks ago only I sized him up as a Lab right away and felt confident he wouldn't attack so I ignored him and nothing happened.

However, in my mind I think I was well within my legal rights to kill the dog.

And morally?

Originally Posted by doomer

And morally?

What is not moral about protecting yourself if you legitimately thought you were in danger?

It probably depends on whether or not you had posted said situation as a hypothetical on BGP before the incident occurred.

Originally Posted by HammerTime

What is not moral about protecting yourself if you legitimately thought you were in danger?

See...that's a slippery slope in my mind. Isn't that what the Trayvon Martin case is about? Whether we can, should we shoot things just because they scare us?

I might not be afraid of dogs, but someone else is. Someone else is afraid of youths wearing hoodies...if a person wearing a hoodie runs up to him/her, do they have a right to shoot the person because they are afraid?

Originally Posted by doomer

See...that's a slippery slope in my mind. Isn't that what the Trayvon Martin case is about? Whether we can, should we shoot things just because they scare us?

I might not be afraid of dogs, but someone else is. Someone else is afraid of youths wearing hoodies...if a person wearing a hoodie runs up to him/her, do they have a right to shoot the person because they are afraid?

Ummm, Tryavon Martin was a person. This is a dog. Different rules apply.

Originally Posted by akw4572

Ummm, Tryavon Martin was a person. This is a dog. Different rules apply.

Of course, however, what is really so different as far as the "apparent" motivating force? Fear.

Just make sure you move it on to the sidewalk and off the owners property before anyone else sees...

Originally Posted by doomer

Of course, however, what is really so different as far as the "apparent" motivating force? Fear.

Fear of being bitten is one thing, fear of being mauled is another. Depends on the dog for me.

I would say if you have a witness that can vouch the dog looked as if he was posing a threat you would be ok. Dogs can get through an invisible fence so I am not sure how much that buys the owner. I know there are laws in KY that protect against unleashed dogs.

Originally Posted by Run To State

Fear of being bitten is one thing, fear of being mauled is another. Depends on the dog for me.

Exactly. A little chihuahua coming at you viciously and you turn Rambo on it probably takes you to the slammer.

Originally Posted by Clyde

Walking down the street on the sidewalk. A big dog comes charging at me and gets to within a few feet of me. I'm not sure if he's going to attack me or not. I have my permitted gun with me. I shoot the dog right before he gets to me. The dog is still in his yard by a few feet. No fence.

Owner claims the dog wouldn't have gotten to me because of the "invisible fence" mechanism.

Am I charged with something?

Was the invisible fence marked so passers by know it was there? If not how could you know that the dog had a potential restraint? When I walk I carry a can of pepper spray. Large dog comes running at me it gets sprayed. No way I let it have time to actually attack me before I spray it. And for the record I've said on here before I'm very scared of large dogs. If one come running at me I will assume it's attacking.

And for the record I would never ever want to harm another human being or an animal but my safety comes first.

Sometimes I carry a tactical knife when I walk for just that reason but I think All Tell has the best idea of all.

Originally Posted by doomer

See...that's a slippery slope in my mind. Isn't that what the Trayvon Martin case is about? Whether we can, should we shoot things just because they scare us?

I might not be afraid of dogs, but someone else is. Someone else is afraid of youths wearing hoodies...if a person wearing a hoodie runs up to him/her, do they have a right to shoot the person because they are afraid?

If you know anything about the Trayvon Martin case you know it's not as simple as you put it in this post.