Dog ownership comes with more than just the responsibility of feeding, grooming, and exercising a pet. Under Nevada law, when a dog causes serious injury or death to another person, the consequences can extend far beyond civil liability. In some cases, the dog owner may find themselves facing criminal charges, including assault with a deadly weapon. This legal intersection between personal injury, criminal liability, and even professional license consequences is complex and demands the attention of a seasoned criminal defense lawyer in Las Vegas.
Nevada Laws on Dangerous Dogs and Owner Responsibility
Nevada law does not have a specific statute for dog bites like some other states. Instead, cases involving dog attacks are usually addressed under general negligence laws, dangerous dog ordinances, and, in some cases, criminal statutes. If a dog has a known history of aggression and the owner fails to take reasonable steps to prevent an attack, the owner could be held criminally liable.
If the injury is severe enough, prosecutors may bring charges of assault with a deadly weapon under NRS 200.471. While a dog is not a traditional “weapon,” Nevada courts have ruled that objects or even animals can constitute deadly weapons if used in a manner capable of causing substantial harm. This makes it possible for a dog owner to face felony charges when their pet seriously injures or kills someone.
NRS § 200.471 – Assault & Battery Under Nevada Law
In Nevada, assault and battery are separate crimes, but both can carry serious penalties—especially when a weapon or dangerous animal is involved. According to NRS § 200.471, assault is defined as “unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm.”
This means that even if no physical contact occurs, simply causing someone to fear imminent harm—such as allowing an aggressive dog to lunge or charge at them—could result in assault charges.
On the other hand, battery is addressed under NRS § 200.481, and involves “any willful and unlawful use of force or violence upon the person of another.” If a dog bite occurs due to owner negligence or intentional use of the animal as a threat or weapon, the act may be prosecuted as battery—and in aggravated cases, even battery with a deadly weapon.
Key Takeaways:
- Assault does not require physical contact, only the threat or attempt of harm.
- Battery involves actual physical force, including injuries caused by a dog.
- Using a dog as a weapon—especially a trained or known aggressive dog—can escalate charges to assault or battery with a deadly weapon under Nevada law.
- Convictions can lead to felony charges, imprisonment, and fines.
If you’re facing criminal allegations involving a dog attack, it’s crucial to speak with a defense attorney who understands the intersection of Nevada’s assault statutes and animal liability. Spartacus Law Firm can help you understand your options under NRS § 200.471 and build a strong defense strategy.
Assault with a Deadly Weapon and Dog Attacks
Assault with a deadly weapon is a serious criminal charge in Nevada. It typically involves an attempt to use a weapon to cause bodily harm. However, when a dog is commanded to attack or is negligently allowed to attack, and the injury is significant, the animal may be considered a deadly weapon under the law. That means the owner could be charged as if they had used a traditional weapon.
For example, if a person knowingly allows a previously aggressive dog to roam off-leash in a public space and that dog attacks a child or elderly person, prosecutors may pursue a charge of assault with a deadly weapon. This is a felony offense that carries steep penalties, including prison time, fines, and a permanent criminal record.
If you’re facing charges for a dog-related assault, contact Spartacus Law Firm, the criminal defense lawyer Las Vegas residents trust for serious felony matters.
Civil vs. Criminal Liability: What’s the Difference?
In civil dog bite cases, the injured party typically sues the dog owner for damages such as medical expenses, lost wages, and emotional distress. Civil liability does not involve jail time but can result in substantial financial consequences. Criminal liability, on the other hand, involves the state prosecuting the dog owner for alleged criminal conduct, which can lead to incarceration, probation, and other punitive measures.
Nevada courts consider a number of factors in determining whether a dog bite incident rises to the level of criminality:
- Did the dog have a known history of aggression?
- Was the owner in violation of leash laws or other local ordinances?
- Did the owner encourage or fail to stop the attack?
- Was the injury substantial or life-threatening?
Dog Attacks and Domestic Violence Allegations
There are also instances where dog bites are used as evidence in domestic violence cases. If an argument escalates and one party uses a dog to threaten or injure the other, the situation could trigger domestic violence charges. This is especially true in relationships involving cohabitation or shared custody of the dog.
A conviction for domestic violence in Nevada carries harsh consequences, including restraining orders, loss of gun rights, and mandatory counseling. If you’ve been accused of using your pet as a weapon during a domestic dispute, our domestic violence lawyer can provide the defense you need.
Professional License Consequences of Criminal Dog Bite Charges
Criminal charges tied to a dog attack can have far-reaching consequences for individuals in licensed professions. Doctors, nurses, and other healthcare professionals are particularly vulnerable. Regulatory boards take criminal conduct very seriously and may view a felony charge or conviction as evidence of moral turpitude or negligence.
Those in the medical field who have had their dog attack a bystander and are facing charges need to understand that their professional license could be in jeopardy. Luckily, our medical license lawyer can help protect your career.
Similarly, if you’re a nurse facing scrutiny from the Nevada State Board of Nursing due to a dog attack incident, consult a nursing license defense lawyer as soon as possible. These cases can escalate quickly, and early intervention is critical.
DUI and Dog Ownership: An Overlooked Risk
While not commonly associated, there are cases where intoxicated individuals walking dogs have lost control of their pets, leading to aggressive behavior or bites. If alcohol or drugs are involved in a dog bite incident, additional charges could be filed, such as public intoxication or even DUI if the person was operating a vehicle just before or after the incident.
For example, a dog owner who parks at a park after consuming marijuana and allows their dog to run off-leash, leading to an attack, could face multiple charges. If you’re involved in a dog-related incident and impaired driving is also alleged, reach out to our Las Vegas DUI lawyer for immediate legal guidance.
What to Do If You’re Facing Criminal Charges After a Dog Bite
If you’ve been arrested or charged due to a dog attack, it is essential to act quickly. The first step is to avoid making any statements to the police without an attorney present. Law enforcement may try to elicit statements that could later be used to demonstrate intent or negligence.
Next, gather as much documentation as possible:
- Veterinary records showing vaccinations and behavior assessments
- Photos or videos of the dog
- Witness statements
- Evidence of leash, gate, or containment use
These documents can be crucial in mounting a successful defense. Spartacus Law Firm has extensive experience defending complex criminal charges, including assault with a deadly weapon, and can help ensure your rights are protected throughout the process.
Preventative Measures for Dog Owners
The best way to avoid criminal or civil liability from a dog bite is through proactive safety measures:
- Always use a leash in public spaces
- Ensure your yard is secured with proper fencing
- Train your dog using a certified trainer
- Avoid placing your dog in stressful or overly stimulating environments
- Monitor interactions with children and unfamiliar adults
Even with these precautions, accidents can happen. If they do, the legal aftermath can be daunting. That’s why having a trusted legal team by your side is crucial.
Additional Legal Implications and Considerations
Nevada’s legal system allows judges and prosecutors discretion when filing charges in dog bite cases. In rare situations, prosecutors may push for charges like reckless endangerment or child endangerment, especially if the injured party is a minor. Depending on the severity of the injury, you could also be sued civilly while facing concurrent criminal charges.
💡 For more information about navigating concurrent criminal and professional consequences, visit our pages on professional license defense and physician license defense.
Frequently Asked Questions
Can I be charged with assault with a deadly weapon if my dog bites someone?
Yes, in Nevada, a dog can be considered a deadly weapon if used to intentionally or negligently harm someone. If your dog has a known history of aggression and you fail to take precautions, you may face felony charges. Each case is evaluated based on the facts and circumstances.
What if the dog bite happened while I was intoxicated?
If intoxication played a role in the incident, prosecutors might add related charges like DUI or public endangerment. This can complicate your defense and increase potential penalties. It’s critical to speak with a lawyer immediately to build a strong defense strategy.
Can dog attacks lead to losing a professional license in Nevada?
Yes, professionals such as nurses and physicians may face disciplinary action if the board deems the behavior unprofessional or negligent. Criminal charges can trigger investigations by licensing boards. Prompt legal representation is key to protecting your license.
Is a dog bite always a criminal offense in Nevada?
Not necessarily. Most dog bite cases are handled civilly, but criminal charges arise when there is clear evidence of recklessness, negligence, or malicious intent. If the bite results in severe injury, felony charges are more likely.
What should I do immediately after a dog bite incident involving my pet?
Document everything, including photos, medical reports, and witness statements. Do not speak to law enforcement without legal representation. Contact Spartacus Law Firm to begin building your defense right away.
A Strong Defense Begins with Spartacus Law Firm
At Spartacus Law Firm, we understand the nuances of Nevada’s legal system and how quickly a dog bite can spiral into a criminal matter. We take a holistic approach to defending our clients, addressing both the immediate criminal charges and any long-term repercussions to your professional life.
Whether you’re a parent defending your family pet, a healthcare worker concerned about your license, or someone wrongfully accused, we will fight to protect your rights.
