Criminal Defense Lawyers

Penal Code 398 PC – Owner’s Responsibility After a Dog Bite

Penal Code 398 PC – Owner’s Responsibility After a Dog Bite

Has your dog recently bitten someone? Are you worried about potential legal consequences? At Spodek Law Group, we understand how stressful and confusing this situation can be for dog owners. That’s why we’re here to help explain California’s laws on owner responsibilities after a dog bite incident.

What is Penal Code 398 PC?

Penal Code 398 PC is California’s law that outlines a dog owner’s legal obligations after their dog bites someone. Essentially, this law requires dog owners to provide certain information to the bite victim within 48 hours of the incident occurring.As experienced attorneys who have handled many dog bite cases, we know that these situations can escalate quickly if not handled properly. That’s why it’s crucial for dog owners to understand their responsibilities under PC 398.

Key Requirements for Dog Owners Under PC 398

If your dog bites someone in California, PC 398 mandates that you must provide the following information to the bite victim within 48 hours:

• Your full name
• Your address
• Your phone number
• The name of your dog
• Your dog’s license tag number (if applicable)
• Information about your dog’s rabies vaccination status

Failing to provide this information is actually considered a crime in California. While it may seem like a minor offense, it can lead to fines and other legal headaches down the road.

Why Does This Law Exist?

You might be wondering – why does California have such specific requirements for dog owners after a bite? Well, there are a few important reasons:

1. Safety: Providing vaccination information allows the victim to assess their risk of rabies exposure.
2. Accountability: Having the owner’s contact info ensures they can be reached if further issues arise.
3. Legal protection: Documenting the incident properly can help protect both parties in case of future disputes.

As defense attorneys, we’ve seen how failing to follow these requirements can complicate matters for dog owners down the line. It’s always better to comply with the law upfront.

Penalties for Violating PC 398

So what happens if a dog owner doesn’t provide the required information after a bite? Under PC 398, failing to comply is considered an infraction in California. The penalties include:

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• A fine of up to $100
• No jail time

While the direct penalties may seem minor, violating this law can have other negative consequences:

• It may be used against you in a civil lawsuit
• It could impact your dog’s designation as a dangerous animal
• It may affect your homeowner’s insurance coverage

That’s why we always advise our clients to take these requirements seriously, even if the bite seemed minor. It’s better to be safe than sorry when it comes to legal matters.

Common Defenses for PC 398 Violations

If you’ve been accused of violating PC 398, don’t panic. There are several potential defenses we can explore, depending on the specifics of your case:

1. You’re Not the Dog’s Owner

PC 398 only applies to the dog’s owner or the person who had custody/control of the dog at the time of the bite. If you were simply watching someone else’s dog temporarily, you may not be liable under this law.

2. There Was No Actual “Bite”

The law specifically refers to dog bites, not other types of injuries caused by dogs. If the dog scratched someone or knocked them over, but didn’t actually bite, PC 398 may not apply.

3. You Provided the Information, Just Not Within 48 Hours

If you can show that you made a good faith effort to provide the required information, but were delayed for some legitimate reason, this may serve as a defense.

4. False Accusation

Unfortunately, we’ve seen cases where people falsely claim a dog bite occurred. If you can prove the accusation is fabricated, you can’t be held liable under PC 398.As your legal team, we would thoroughly investigate the circumstances of your case to determine the strongest possible defense strategy.

Related Offenses to PC 398

It’s important to note that a dog bite incident can potentially lead to other criminal charges beyond just PC 398. Some related offenses include:

• Penal Code 399 PC – Failure to Control a Dangerous Animal
• Penal Code 597 PC – Animal Abuse or Neglect
• Penal Code 148 PC – Resisting or Obstructing an Officer (if you interfere with animal control)

Additionally, dog owners may face civil lawsuits from bite victims seeking damages. That’s why having experienced legal representation is so crucial in these cases.

How Spodek Law Group Can Help

At Spodek Law Group, we have extensive experience defending dog owners against PC 398 violations and related charges. Our approach includes:

1. Thorough case evaluation: We’ll carefully review all evidence and circumstances surrounding the alleged violation.
2. Strategic defense planning: Based on our analysis, we’ll develop a customized defense strategy aimed at the best possible outcome.
3. Skilled negotiation: When appropriate, we’ll negotiate with prosecutors to potentially reduce or dismiss charges.
4. Aggressive courtroom advocacy: If your case goes to trial, we’ll fight vigorously to protect your rights.
5. Comprehensive support: We’ll guide you through the entire legal process, addressing any questions or concerns along the way.

Remember, a PC 398 violation may seem minor, but it can have lasting consequences. Don’t face these charges alone – let our experienced team fight for you.

FAQs About PC 398 and Dog Bite Incidents

To help you better understand PC 398 and related issues, here are some frequently asked questions we often hear from clients:

Q: Does PC 398 apply if my dog bites someone on my own property?

A: Yes, PC 398 applies regardless of where the bite occurs. Even if someone was trespassing on your property, you’re still required to provide the specified information if a bite occurs.

Q: What if I don’t know my dog’s vaccination status?

A: If you’re unsure about your dog’s vaccination history, it’s best to be honest about that. Provide whatever information you do have, and offer to follow up once you’ve checked with your vet.

Q: Can I be charged under PC 398 if my dog bites another animal, not a person?

A: No, PC 398 specifically applies to bites on humans. However, you could potentially face other charges or civil liability for dog-on-dog attacks.

Q: What should I do if I can’t locate the person my dog bit within 48 hours?

A: Make a good faith effort to find and contact the person. Document your attempts to reach them. If you know their identity but can’t contact them directly, consider reporting the incident to local animal control.

Q: Can I be charged under PC 398 if I wasn’t present when my dog bit someone?

A: Potentially, yes. The law applies to the dog’s owner, regardless of whether you witnessed the bite. However, this could be a potential defense if you genuinely had no knowledge of the incident.Remember, these are general answers. Every case is unique, which is why it’s crucial to consult with an experienced attorney about your specific situation.

The Importance of Proper Legal Representation

When dealing with a PC 398 violation or any dog bite-related legal issue, having the right attorney can make all the difference. At Spodek Law Group, we bring a wealth of experience and a track record of success to every case we handle.Our approach combines aggressive advocacy with compassionate client service. We understand that facing legal charges can be stressful and overwhelming. That’s why we’re committed to guiding you through every step of the process, ensuring you understand your rights and options at all times.Don’t let a simple mistake or misunderstanding turn into a serious legal problem. If you’re facing a PC 398 violation or related charges, contact Spodek Law Group today. We’re here to fight for your rights and work towards the best possible outcome for your case.Remember, the sooner you reach out for legal help, the better positioned we’ll be to build a strong defense. Don’t wait – call us now at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation.Let us put our experience and expertise to work for you. With Spodek Law Group on your side, you can face your legal challenges with confidence.