by DreAnna on June 23rd, 2007

DreAnna

Question

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If someone were to cause physical harm to someone trying to extinguish the life from their dog would one be able to use the right to defend property defense, since in the eyes of the courts animals are property?

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Answers. 15 helpful answers below.

  • by buxtonite ..slowly losing my mind on October 6th, 2007

    buxtonite ..slowly losing my mind

    who cares !!... hurt my dogs (my friends ...my mates...my babies)...I hurt you good ... you never hurt any animals ...never !

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  • by Nelson - Jetpacking from bed on June 23rd, 2007

    Nelson - Jetpacking from bed

    I wouldn't use defense, I would use a rather harsh offense and worry about it later.

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  • by mrtorch on June 23rd, 2007

    mrtorch

    DreAnna, move to the UK with your dog, if anyone tried to hurt it, we would have a good old fashioned flogging on your behalf!:-)

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  • by ms.maverick on February 19th, 2009

    ms.maverick

    Who's dog are "they" hurting? Is the dog your property or the property of the other person? If it is your dog, youshould callthe ppolice and in the meantime do thebest to save your dog from harm, only harming the other person if the person is assaulting you or the dog. If the dog belongs tothe other person you need to call the police and report it, however if you get in the middle of it and harm the oter person you could be liable for damages, or worse be arrested on assault charges.

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  • by Scrappy on August 25th, 2008

    Scrappy

    don't know about that but I would plead insanity.. with my family and the life I live, i would get off. Luckily I live in a state that people can still plead temporary insanity for almost anything and get off ..I certainly would not let the fact that I might go to jail keep me from beating the shi* out of somebody. you don't mess with my dog.. HELL No. you can kill me..but you better not touch my dog. When people say things to me like "your dog is fat" I want to go off on them..so don't put me in a situation where I have to use violence cause I will

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  • by Aintthatapip - Kevonian Overlord on August 25th, 2008

    Aintthatapip - Kevonian Overlord

    I'm willing to take out whoever filed the complaint against you.

    I've come close to attacking my vet, let alone if it was some random person.

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  • by Anonymous on February 15th, 2008

    Anonymous

    First, in most states you cannot just attack a person to defend property. You can use reasonable force to retrieve the property, and if physical harm results, you are protected. The key is that the force used has to be to reclaim the property (and can never be lethal force).

    Second, the defense does not apply because if you used reasonable force to claim their property, you would be stealing. In fact, what you describe is a robbery (i.e. the taken of another persons property by froce or fear). You could, in some jurisdictions, use reasonable force to do a citizens arrest (if the killing was a crime in that jurisdiction). But if you were wrong about what the person was doing, you could be liable for false imprisonment.

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  • by KristiMarie on February 15th, 2008

    KristiMarie

    The case would most likely be that you would be the one charged with assault, the degree would vary on what you were attacking them with and how severe, and the person hurting the animal would end up with a slap on the wrist and a fine and maybe if you were lucky probation. But in most cases its just the fine.

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  • by Xtreme2252 on October 6th, 2007

    Xtreme2252

    yes, but i don't consider animals property. They are living beings and should be seen that way. I'm looking for a bit more political-correctness in the future

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  • by Rickster is victorious on June 23rd, 2007

    Rickster is victorious

    Dre-
    I'm not that well versed with legal matters - I hired an attorney - not too long ago a guy leaped onto the hood of my car after aggressively approaching my car (I had just hollered out my window due to his tailgating and horn beeping). The pre-trial hearing magistrate found that he acted as the aggressor and dismissed the case. I told her that I was fearful for my son's safety who was riding with me. (BTW - We did not stick around the scene and this fellow rode on my car hood until letting go, landing on his "bum" - and get this - he was an Anger Management Counselor - ha-ha-ha!.)

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  • by Mr n Mrs M... on June 23rd, 2007

    Mr n Mrs M...

    How come its ok to Spank your Monkey but not ok to Flog your dog? sick laws.... grrrrr

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  • by FreeRadical Jetpacking for Nelson on June 23rd, 2007

    FreeRadical Jetpacking for Nelson

    I guess you could use that as a defense, but I would make sure that anyone hurting MY dog would not live to sue. Seriously, I don't deal well with animal cruelty.

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  • by Anonymous on June 23rd, 2007

    Anonymous

    Let me put it this way. I would !! Then I would hire the best attorney I could find .

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  • by singwell-is off researching a lot on June 23rd, 2007

    singwell-is off researching a lot

    Let me get this right. You defended your dog, and in the process, hurt the person who was harming the dog? Hey, we have laws against cruelty to animals. If you were trying to prevent a cruel act upon an animal, you use that as a defence. However, get legal counsel, as I know there are idiots out there who will sue, even if they are in the wrong.

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  • by Tveg on January 5th, 2009

    Tveg

    This is not quite the what you are thinking of, but there was a situation in South St. Paul, MN a few years ago.

    A man was beating his own dog to death with a two by four. His neighbor saw this, and told him to stop. The man would not stop as it was "his dog". The neighbor went inside to get a gun, came out, and told the man to stop killing his dog. The man did then stop.

    The man who used the gun to force the creep to stop beating his dog went to jail! I believe the guy that beat his dog ended up with a fine. I think the ALDF (Animal Legal Defense Fund) ended up supplying an attorney to defend the man that stopped the cruelty.

    What a mixed up world we live in!

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