Successfully Defended Client From Ownership of Dangerous Dog Charges

No dog owner likes to be away from their canine friend for too long. After all, many owners consider their furry companions family. 

In this case, a Colorado prosecutor attempted to bring criminal charges against our client, alleging ownership of a dangerous dog. This prosecutor claimed that our client’s dog posed a danger to others, using a neighbor’s deceased dog to support this assertion. 

In Colorado, individuals found guilty of owning a dog that has caused injury to or the death of another domestic animal can be charged with a class 2 misdemeanor. The court has discretion in determining the appropriate punishment; however, ordering the guilty party to make restitution is a common outcome. 

It was clear to our criminal defense team that the opposing party in this matter was seeking more than restitution – they wanted our client’s dog to be euthanized. 

Fortunately, our Criminal Defense Team was successful at trial. The prosecution failed to present any evidence that our client’s dog was, in fact, dangerous. The prosecutor did not enter a necropsy (a veterinary autopsy) into discovery. While law enforcement was called to the scene on the date of the alleged incident, officers never saw the neighbor’s deceased dog. No pictures were taken of an injured or deceased dog, and no witnesses testified to having seen the alleged crime. 

The district court judge ruled in favor of our motion to dismiss the case. Our client was thrilled to be reunited with their dog after six months of separation. Unfortunately, that reunion was short-lived. In an astounding move, the prosecution filed an appeal, forcing our client to surrender their dog to local authorities again while the appeal pended. 

This was a devastating turn of events for our client, but we were prepared to fight again. Our criminal defense team is well-versed in the law, and we knew the prosecutor’s grounds for appeal were flimsy at best. And we were right. 

The prosecution tried to raise an issue they never brought up at trial, so the issue was never “properly preserved” and could not be used during an appeal.  

As a result, the appellate court affirmed the trial court’s decision, and our client was reunited with their dog, this time for good.