Will the police prosecute me if my dogs attack a neighbor who is stealing vegetables from my garden?

emt_me911

if it happened on your property during the commission of a theft, I doubt it.

To cover your butt, you could post "WARNING" signs on the fence, informing your neighbor (and other people) about the dogs.

Yes, dogs can be very territorial. It's your (and their) yard.

If your neighbor was attacked, they would have to explain why they were in your yard in the first place. Since it would involve a theft and your yard is your private property, I highly doubt that they would even try to hold you liable for something they were stupid enough to do.

EMT

Judge Dredd

If your neighbor jumps the fence while your dogs are already out then probably not. If the police find out that you let your dogs out, knowing the neighbor was in your yard, and knowing that your dogs would attack him, then yes you could be charged. It really is going to depend on what state you reside in. Some states do not allow property owners as much ability to protect their property as other states do.

Your best bet is to catch the guy on camera and then make a complaint to the police. Because you know if you let your dogs out after him, he sure would try and file charges against you.

Aviator - THE Resolution

If they are on your property, without your permission, then the attacks would be justified. think of dogs like weapons. If they attack someone on the street, then it can be assault. If they attack someone on your property, it can be self defense.

anderentag

There are a lot of good answers here. As many stated, you need to check the laws of your state. It also would help if you post "no trespassing" signs. In many states the sign are not required for home lots, but I would say it is just to cover your ***. There is also an issue with premeditation here. Since you know that the neighbor is doing this and that the dogs will hurt him, then what if the dogs attack him and he dies. To cover your self here, I suggest that you make some reports and take measures (fence, etc.) to prevent the neighbor from coming into your back yard. If you have done all you can do to prevent the theft and trespass, then your liability is reduced and perhaps eliminated.

Telly

doubt it. your dogs are doing what they are supposed to do. your neighbor is trespassing.

thegod

Make sure they are at least registered/shots up to date etc. Then you'll have more a case.

Jon H

It depends on what state/city you live in. You will need to check the laws there. I know one thing you can do to help yourself is get some "No Tresspassing" and "Beware of Dog" signs.

firefiter

now don't quote me on this, and it wouldn't hurt if you call the police and ask them. they have a non-emergency number for things such as that. as long as your dogs are on YOUR property and you have a fenced in yard where they can't go terrorize the neighborhood, they'll take the dogs for quarantine more than likely, after an attack, but if you have records of all of their shots and such that are CURRENT, you shouldn't be held criminally liable.Now on the civil side of the coin, this is where the thief gets over and sues the homeowner for the cuts he received while breaking into their home, your veggie stealin' neighbors could sue you for damages caused by the dogs and try and make a claim on your homeowner's insurance. If you're so sure that you know who's stealing them, set up a video camera with an infrared lens. you can probably get one online for cheap, or a spy store, ebay, etc. get the video proof, and either take it to the cops, or take it to them and show that you have proof, and if they don't stop, you'll press charges, be sure and post "no trespassing" signs where they can be seen clearly, especiall by your sticky fingered neighbors. another way is to take a higher road.......get the proof you need, then go to the neighbors and tell them that if they help contribute to the care and upkeep of this garden that they can enjoy the fruits of their labor, so to speak. Either way, they're aware that YOU know who's doing the stealing. It'll probably stop shortly after that.
A third solution is to install an electric fence. Not fatal, but verrrry painful. If you've never been bitten by one of these, you don't know what you're missing. Your reason for the new addition could be dual purpose. It could keep varments, such as them, out....and keep the dogs in the yard. good luck. definitely find out the non-emergency number to your local police and ask them. they're the authorities on domestic disputes and the like. hope this helps.

Mary A

Post do not trespass and beware of dog signs.

Night_Hawk

First of all---Anyone who attempts to enter a private property/ dwelling with the attempt to steal (commit a crime) is called Burglary---not just trespassing! It doesnt matter what he steals..it is the act to enter and commit such crime is punishable. (not by your dogs but by the law --you could dial 911 seeing unknown individuals inside your property.

If the person is inside your gated property stealing your veggie..and your dog happened to attack him, then you are not liable since your dog is there to protect your home against bad elements. However, if your dog gets loose outside your property and happened to attack the person who stole your veggie (W/ no solid proof) on the public streets..then you are liable NOT for the dog's action but for the damages caused by your dog through civil courts. Upon investigation, if the police finds out that your dog was trained to attack viciously--then you may go to jail for that.

Spirish_1

I would just make sure you have a sign posted on your property saying "No trespassing" and "Beware of dogs". At least this way, anyone going on your property is fore warned and any attack on them, is well, on them. They were warned.

zippythejessi

Legally, you can file trespassing charges against your neighbor. (File a police report to CYA) As long as your dogs are in your fenced in property, he's in the wrong - they're just defending their territory. It'd be the same thing as if you shot him doing this on your property.

Now, that said, if your dogs injure this theiving moron, he could sue you for it. How that would stand up in court, I don't know - especially if he's on YOUR property. To really cover your butt - post signs that say No Tresspassing and Beware of Dogs - this way, if he's attacked tomorrow and those signs are up today, you're covered.

CHARITY G

Most states have a dog owner pays policy.

KC V â„¢

First...the police don't prosecute anybody...the District Attorney's Office does.

Because you've not indicated what state you reside in...I can only suggest you research the laws of your state about "animal control."

It's very possible that you can be held liable either criminally or civily.

fire_side_2003

Yes you will definitely be held libel. That's the beauty of our messed up legal system, it's designed to protect the criminal and justice be damned if you happen to be a property owner. The best thing to do is call the police and report them, I would keep your dogs in at night at bring up tresspass charges on them.

*****

First of all , the police are the ones who arrest you, the DA'a office are the people who prosecutes you in court.Generally speaking, if your neighbors have been told to stay off your property and they do otherwise, they are tresspassing. If you get hurt while doing something illegal, you cannot use the courts as a remedy for the injuries you've sustained.

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