Assault & Battery assulted at the dog park by an owner

[Keeblerelf]

I was at a dog park in leesburg, va and a dog belonging to another person was showing aggressive tendencies, growling & mounting other dogs. When the dog mounted my dog, I scruff-ed the other dog and tossed him behind me about 4-5 ft. The dog landed on his side and scampered away. According to some witnesses I grabbed the dog "a little low" from the scruff, but it was nothing worse than what I would willingly do to my dogs, should the situations be reversed. Some witnesses said that the dog "may have yelped". My dog is a 90 lbs German shepherd and the other dog that I tossed was about 60 lbs. No dog was injured, but the owner of the other dog ran up & shoved me to the ground and I landed on my head b/c I fell over the bench that I had been sitting on. Some witnesses said that I "may have been to rough" with the other dog.
This just happened, The police and paramedics were called. I was just hypertensive with high blood pressure & pulse and they didn't think that I had a concussion, despite landing square on my head with most of my weight. I still have a bad head ache a few hours later. Additionally, my back was scratched up, all minor. The police filed a report, but decided not to arrest. They said I could file a criminal complaint up to 1 year. So there is a report. The offender was contacted, but not arrested.
Should I press charges? Am I at risk for animal cruelty?

 

[army judge]

You press charges on him, he presses charges on you.

You move on, he moves on.

Self help remedies are available for all of us to use.

Yet, when they are used, they seldom turn out well!

It is better to let sleeping dogs lie. (pun intended)

 

[mightymoose]

You are not at risk of anything. The other owner was not in control of his dog, and it is his responsibility. You did not do anything that would amount to "cruelty". The other owner overreacted and committed a battery against you.
It is totally up to you if you want to seek prosecution or just let it go, nobody can decide that for you. If you have any medical costs associated with this you could seek compensation in civil court even if you don't seek criminal prosecution for the battery.

 

[Keeblerelf]

I spoke with an attorney via email this morning. This is what she said. Please let me know if you have an opinion on what she had to say. Thank you:

I think you should seek a warrant for assault and battery. Your action with the dog did not warrant the owner touching you. I am surprised that the officers did not issue a summons. You should seek medical attention if you feel you are injured - whether the offender is required to pay for it ultimately may be another question. That's my advice.

 

[jharris352]

So you went to a dog park and were bitten by an owner! Wonders never cease. The attorney's advice is sound. Follow it.

 

[Keeblerelf]

jharris,
I'm not sure how you gleaned out that I was "bitten" unless you were speaking figuratively. I was pushed over a bench and was injured. Please see the original post if there is any confusion. Thank you

 

[jharris352]

I was making a figurative joke. Usually when we talk of dog parks its a dog bite case. In this case the owner was the one who "bit" you. Sorry, a little levity in the morning.

 

[army judge]

Sure, seek a warrant on the poor guy that defended his pooch from your very aggressive grabbing of the dog's scrotal sack.

The same scrotal sack you eagerly and happily proclaim extensive knowledge of, because you've done it before!!!!

I'd almost be willing to defend the poor guy, whose dog you abused, (should you obtain a warrant) pro bono.

Start down that road and the guy will seek a warrant for animal cruelty against you, one can dream, right?

But, hold on, it'll just get better when he sues you civilly for his dog's vet bills.

From your response to JHarris's jocularity, I detect an anger managent problem.

This isn't the first time you picked on something smaller than you.

And, when confronted by someone of your own size, you retreat and feign injury.

The police saw through you, as will a jury.

Go ahead, swear out that warrant, and let the legal games begin.



Sent from my iPhone using Tapatalk

 

[irish223]

Isn't the scruff the skin at the back of the dog's neck??

 

[army judge]

Isn't the scruff the skin at the back of the dog's neck??

Why, yes, yes it is.

I was using extreme hyperbole to illustrate a point.

If done PROPERLY, the dog will not howl, whimper, whelp, yelp, bite, or bark.

If done IMPROPERLY, most dogs will snap, nip, yap, bark, bite, squeal, whelp, howl, or whimper.

Many dog breeders, owners, and trainers consider the technique to be insensitive, if not excessive, or even abusive.

In dog owner etiquette, using this suspect move on a dog owned by someone else, is like spanking a stranger's child in the park.

We all learned in kindergarten to keep our hand's to ourselves.

Many criminal defendant's get exposed to that lesson again when they receive their GUILTY verdicts!

 

[mightymoose]

Army- it would take a lot more than that to amount to cruelty. The owner of the other dog was responsible for his dog, and it sounds like he was letting it run loose and be a bit of a menace. The OP isn't on the hook for anything at all here.

Unless the medical bills are significant, it is still petty enough to let it go. But if the OP wants to stand on principle, he is the victim of a battery and can easily seek prosecution for it without much worry for any countersuit with any merit.