Information on the crime of dog fighting is found at California penal code section 597.5(a).

 

This articles deals with owning, possessing, or training dogs to fight; however, keep in mind that it may also be a crime to attend a dog fight, watch a dog fight, or promote a dog fight. 

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PC 597.5(a) Law

 

PC 597.5(a): Any person who owns, possesses, keeps, or trains any dog, with the intent that the dog shall be engaged in an exhibition of fighting with another dog, for amusement or financial gain, is guilty of dog fighting (Abbrev.).

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Note: it is also a violation of PC 597.5(a) if a person allows dog fighting on his or her property even if the owner of the property does not himself or herself keep or train dogs to fight.

 

Also, possession of a dog does not mean that the dog has to be physically near the dog's owner. Possession simply means that the dog's owner controls the dog's training, personally or through another person, even if someone else is in actual physical possession of the dog.

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Exceptions: It is not considered dog fighting to use dogs to management livestock, assist in hunting, or train for use in law enforcement.

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PC 597.5 Penalties

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PC 597.5(a): Dog fighting is charged either as a felony or as a misdemeanor (wobbler).

 

If the defendant is found guilty of a felony PC 597.5(a), he or she could face up to three years in jail. If found guilty of misdemeanor PC 597.5(a), she could face up to one year in the county jail (plus a up to a $50,000 fines).

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PC 597.5(b): Presence at a dog fight is classified as a misdemeanor. If found guilty of PC 597.5(b), the defendant may be imprisoned in a county jail not to exceed on year (plus a $5,000 fine).

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Probation: A probation sentence is a period of supervision instead of jail. Probation sentences are allowed in dog fighting cases, but they are not guaranteed.

 

Whether or not a defendant receives a probation sentence after a conviction for PC 597.5(a) depends largely on the facts of the case and the defendant's criminal history.

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Work Release: Work release is physical labor, such as picking up trash near a jail or highway, that serves as an alternative to actual in custody jail. A work release sentence (or house arrest sentence) is no uncommon in dog fighting cases as an alternative to jail.

 

Whether or not the defendant may be allowed to serve his or her jail sentence alternatively on work release or house arrest depends on the facts of the case, any plea bargaining that effects that issue, and the defendant's criminal history, if any.

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PC 1170(h): If the defendant is not granted probation or not allowed to serve his or her jail sentence alternatively on work release or house arrest, then he or she will be sentenced to a local county jail (as opposed to a state prison).

 

The court may allow the defendant in a PC 597.5 case to serve a portion of his or her jail sentence out of jail (split sentence), or the court may allow the defendant's jail sentence to be suspended (not served unless the defendant violates a condition of his or her probation).

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Three Strikes Law: Dog fighting is not considered a strike offense in California.

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Good Behavior: If the defendant is found guilty of dog fighting (PC 597.5(a)), and he or she is sentenced to jail or work release, then he or she may be entitled to one day credit for every day served (50%)

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Bail: In San Bernardino County, felony dog fighting caries a bail of $25,000, and misdemeanor dog fighting carries a bail of $5,000. A court may raise or lower the bail amount in any PC 597.5 case depending on several factors, including the defendant's criminal history and the facts of the case.

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In addition to the penalties listed above, if the defendant is convicted of PC 597.5, he or she could suffer the following punishments: civil lawsuits, denial of entry into the military, firearm prohibition (for felony dog fighting convictions), immigration or professional licensing consequences, criminal protective orders, fines and fees, restitution orders, and more.

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Defense to PC 597.5

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Common defenses to a charge of dog fighting include mistake of fact, insufficient evidence, duress, coerced confessions, entrapment, and more.

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Statute of Limitations: The statute of limitations in dog fighting cases depends on the criminal charge levied against the defendant.

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For dog fighting charged as penal code 597.5(a), the statute of limitations is three years from the date of the alleged offense. This three-year statute of limitations applies to both misdemeanor and felony violations of penal code 597.5(a).

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For the crime of being present at a dog fight (PC 597.5(b)), the statute of limitations is one year from the date of the alleged offense.

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17(b) Options: A felony dog fighting charge may be reduced to a misdemeanor dog fighting charge in some situations. This occurs where the interest of justice is better served for the classification to be changed from a felony to a misdemeanor charge of penal code 597.5(a). For more information, see PC 17(b).

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Note: 17(b) Motions are not a true defense in the sense that the dog fighting criminal charges are dismissed; however, the reclassification by itself does not mean that the defendant must accept a misdemeanor conviction.

 

Rather, the case continues as a misdemeanor after the 17(b) reclassification (unless the reclassification is part of a plea bargain).

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Diversion: Diversion is allowed in misdemeanor dog fighting cases. Diversion is a prosecution circumvention that allows the defendant to perform probation-like condition in exchange for a dismissal of the criminal charge.

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With diversion, the defendant can avoid a criminal conviction for PC 597.5 after fulfilling diversion condition. This is unlike a probation sentence because a probation sentence follows a conviction for dog fighting.

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For more information, see Judicial Diversion.

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If you have been arrested or charged with the crime of dog fighting (PC 597.5(a)) or presence at a dog fight ((PC 597.5(b)), contact our criminal defense lawyers today for a free consultation. Call today!

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