My dog and I are being charged with assaulting an officer, do they have a case?

Question

I work nights so about 2a.m. I take my dog( AmStaff) for a walk in the park. I have for years.
This morning we were confronted by a German Shepard that growled at me or us for that matter.
We tried to avoid him,but he attempted to corner us and my dog became protective, grabbed him by the neck,shook him like a dog toy and pinned him.
Next thing I know there is a Police officer, gun drawn threatening to shoot my dog.
It turns out the shepard was a K-9 officer sent into the park to search for a burglary suspect.
I spent the night in jail, my dog is still at Animal Controll and we are being charged with assaulting the K-9 officer who agressed on us.
And YES! Pluto was on a leash the whole time.

Will the charges stick?

I have to wait for Pluto's temperment testing before I can even try to get him out.

Some of you are saying I should sue??? But I've not suffered any real damages ( Yet)

Answer 1

A K-9 is considered an officer of the law, yes.
Officers of the law have to announce themselves PERIOD.
If this were a man who approached you wearing no identifying insignia or otherwise and became aggressive towards you, you would naturally defend yourself against attack (As would your dog). If it were a police officer, he would have some explaining to do...
I would certainly contact an attorney, as this sounds like a police officer trying to protect his own *** against something HE did in error (like not having his dog in his sight, not giving warnings about dog, etc.).

Best of luck to you!

Answer 2

They probably will say they have a case and depending on the jurisdiction laws they may. BUT IT IS LAME

The K-9 dog should have to follow the same laws as every other dog everywhere.
If your dog was off a leash and threatened any other person/dog they would charge you not the innocent person.

The officer should be watching his dog closer.

You will probably have to sue in order to get your dog back and clear his name.

I really do feel for you and it does upset me greatly. I know police consider K-9 to be a police officer. BUT they are still a dog in life. Unfortunately for the K-9 he made a mistake. The office didn't follow correct procedure so you and your dog are being punished for it.

You must have a Rot or Pit or something similar to have taken on the K-9 like that. Unfortunately if it is a pit the county/state may be more harsh because of the stereotyped image they carry.
I'd say good dog for protecting you from a stray.

I'm sorry and hope everything turns out OK.

Answer 3

Don't worry about the charges sticking. You need to worry about whether you'll be convicted or not and whether your dog will be destroyed or not.

Several others suggested getting an attorney which you must do quickly! The idea of contacting the news media - while I'm not a big fan of this - might be an excellent idea, too.

I would also request or have your lawyer request a meeting with the prosecuting attorney and/or chief of police as soon as possible. This MAY result in charges being dropped. Make sure the dropping include expunging the arrest and quashing the indicia of arrest (fingerprint card, etc.)

I think a reasonable person would see the situation for what it is...by the way, what did they charge you with? Seems a stretch for assault on the officer and your dog appears to be acting reasonable in protecting you.

Maybe you could parlay this into being a K9 officer yourself. Pluto sounds like a great dog!

Answer 4

My dad was a K-9 officer growing up, so I know they take this very seriously. The dogs are considered a police officer, just like a human. You have a few things in your favor though.
For one, they are required to warn someone before they release the dog, so since you were innocent and unaware the dog was loose, that needs to be your biggest defense.
Also, you really need to keep repeating that your dog was only defending you and attacked only once the police dog cornered you.
Also, your dog was on a leash!! That also really goes in your favor.
My guess is that you'll be able to get out of this just because they did not follow procedure to make sure the dog did not attack non-suspects.

Answer 5

If the details are like you say, I would think that the police would not win the case in a court room. However they have nothing to loose by bringing you to court because it does not cost them any money. On the other hand it will cost you money to prove your innocence.
If you live in the United States you might want to think about counter suing the police for the trauma that the incident caused you.
(Unless the dog was wearing a badge, you would have no way to know that it was a police dog.)

Answer 6

I am sorry to tell you this but yes they probably will because a K9 is considered a police officer where I live . and the same thing happened to my brother his dog got in a fight with a K9 and my brother was trying to break them apart and he got charged with assaulting a police officer and also spent the night in jail and his dog was subsequently ordered destroyed by the judge . and I am afraid that is what will happen to your dog . Could come out differently though . I hope so for you and your dogs sake . good luck .

Answer 7

I say they charges probably will not stick, because there was no intent to harm the dog. But I have seen crazier things. This is a prime example why police dogs should have to wear some sort of marking that IDs them as a police dog. I would also file a lawsuit petitioning to have your dog returned.

Answer 8

well gee, i agree with most everyone else, this is terrible for you and your dog to go through, when he was just protecting you. and (AmStaff) is america staffordshire terrier, correct? so a pitbull? so like the other guy said you are going to have an even tougher time because of the breed. lets jus thope that your dog passes his temperment tests and take it from tehre, but You Are Going To Need A Lawyer. best of luck to you!

Answer 9

damn that sounds like somthing from a tv show it all really depends on the judge and the cop if he is a prick im sure he will force them to stick but it was just dogs being dogs y the question your lawyer should ask is why wasnt the k-9 on a leash

Answer 10

Wow! This is the stuff of T.V. news. The only way to protect yourself from the police state is to draw attention to the stupidity of this situation. Call your T.V. news and tell them this story. When light shines on these roaches they will run from this as fast as they can. Also, find a ambulance chasing lawyer that will sue them for everything but their donuts.