A lawyer said on this board that attacking an approaching nonaggressive dog could get you convicted of cruelty to animals. Wanting to get an answer to this, I sent an e-mail to a man who has been recognized as a top dog law expert by The Today Show, The National Enquirer, Time Magazine, People Magazine, CNN and Fox News Channel. He was kind enough to reply, saying that: “I feel that you can't hurt the dog unless the dog is in the process of attacking you or has clearly indicated that he will do it and he has the opportunity to do it.”
I asked a local prosecutor where I work the same question. He agreed, stating that the doctrine of Self-Defense doesn’t permit you to attack non-aggressive people or dogs “just in case.” You can say all lawyers are idiots, but your judge will still be one. Common sense dictates that the high cost of litigation, the fines, the long term effects of being convicted, and the possibility of losing your CW permit upon conviction in some states exceeds 50 times over the possible vet bills one might theoretically get by waiting for the dog to show aggression before hitting or spraying it. Here is a great link to look up dog law in your state: http://www.animallaw.com/index.cfm
While you are entitled to your opinions Ikor is right. Your first two posts were very argumentative in tone. This is a discussion board not a podium. Let's keep it down to a dull roar. Good luck and looking forward to your future posts.
Dave--I loved your last post, but would you mind if I edit it Ed-style?
"A troll on THIS board? Not for long I bet <img src="/ubbthreads/images/graemlins/mad.gif" alt="" /> <img src="/ubbthreads/images/graemlins/mad.gif" alt="" /> <img src="/ubbthreads/images/graemlins/mad.gif" alt="" /> "
Sorry, just couldn't resist. <img src="/ubbthreads/images/graemlins/laugh.gif" alt="" />
Anthony wrote, quoted from his buddy:"“I feel that you can't hurt the dog unless the dog is in the process of attacking you or has clearly indicated that he will do it and he has the opportunity to do it.”"
If a dog is loose, not under absolute control of his owner, and he starts running in your direction, HAS clearly indicated that he will attack and clearly HAS the opportunity to do it. That would be your argument and with the many documented cases of dog attacks and the fact that you have your dog under control and they don't, I think you might have a pretty good chance at getting away with protecting yourself and your dog with a quick shot of pepper spray and a show of force. (i.e. yelling, charging, throwing handfuls of pebbles, etc.) Then if he continues to attack, you have an even better chance of getting away with using any means necessary to protect yourself or your dog. (FIREARMS in my case)
Oh, and money can't replace some things. Your companion, your own body, your own life, or the body and life of someone else. So people need to be very realistic about what they are going to do in this dangerous situation.
It is obvious that this "Anthony Kilpatrick" is a schill for Torre (the original jack ass that posted the nonsense about legal repurcusions with defending you and your dog). He actually is Torre or it is one of his jack off lawyer buddies. Ed, please blow this guy up, he is nothing but trouble. <img src="/ubbthreads/images/graemlins/mad.gif" alt="" />
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