Can You Be Charged with a Crime if Your Dog Seriously Injures or Kills Someone?

 Posted on October 23, 2025 in Criminal Defense

When your family pet or guard dog attacks someone, the incident can quickly turn into a criminal case. In Texas, you can face criminal negligence or even manslaughter charges if prosecutors think you did not control a dangerous animal. These charges can carry years in prison and permanent damage to your reputation.

After a major animal attack, emergency responders arrive, animal control investigates, and police start asking questions. When the injuries are serious or fatal, the case moves into the criminal courts. At that point, you need an experienced Collin County criminal defense attorney who understands how to challenge every aspect of the state’s case.

What Does "Criminal Negligence" Mean in a Texas Animal Attack Case?

Texas Health and Safety Code § 822.005 allows prosecutors to charge an owner criminally if a dog causes serious injury or death and the owner was criminally negligent.

Criminal negligence means more than simple carelessness. Under Texas Penal Code § 6.03(d), criminal negligence is when a person should have been aware of a serious, unjustifiable risk that their behavior would cause serious harm or death, and that person ignores that risk in a way that no reasonable person would.

In the context of an animal attack, that might mean leaving a dog known to be aggressive unrestrained, ignoring warnings from animal control, or not fixing a fence after a dog has escaped before. The prosecution must prove that the owner’s inaction rose to the level of criminal negligence, not merely bad judgment.

Many of these cases are based on assumptions, not evidence. A skilled criminal defense attorney can often show that the attack was unexpected, that the owner took reasonable precautions, or that someone else provoked the incident.

How Severe Are the Penalties for Criminal Negligence?

The penalties depend on the outcome of the attack:

• If a person is seriously injured, the charge is generally a third-degree felony, punishable by two to 10 years in prison.

• If the attack results in death, it can rise to a second-degree felony, carrying a potential sentence of up to 20 years.

Beyond prison time, a conviction can destroy careers, gun rights, and community standing. The stakes are even higher if the investigation uncovers other alleged offenses, such as drug possession or illegal weapons on the property. Prosecutors often combine these charges to strengthen their case, but a defense attorney with trial experience can isolate and attack each charge individually.

Why You Need a Fearless Lawyer if Your Dog Hurts or Kills Someone

When someone is seriously injured or killed by a dog, the situation becomes a legal emergency. Police, prosecutors, and the media will rush to judgment before the facts are out. 

If your dog hurts or kills someone and you are accused of criminal negligence, you need a lawyer who is not intimidated by public pressure or aggressive investigators. Our fearless attorneys will stand between you and the full weight of the criminal justice system. We will challenge flawed evidence and demand that every element of the charge be proven beyond a reasonable doubt. 

Contact a Plano, TX Criminal Defense Attorney

If you are facing criminal charges after an animal attack, contact a Plano, TX criminal defense lawyer at The Crowder Law Firm, P.C.. With over 300 not guilty verdicts and acquittals, we have free consultations and provide the hard-hitting defense you need in Collin County courts. Call 214-544-0061 today to protect your rights.