California Penal Code §399.5 — Fighting/Attack Dog Causing Serious Bodily Injury
PC §399.5 punishes the owner or person having custody or control of a dog trained as a fighting dog or an attack dog when that dog bites a human being, on two or more separate occasions or in a single incident causing substantial physical injury. Wobbler — misdemeanor up to 1 year jail or felony up to 3 years state prison. Narrower than PC §399, which covers 'mischievous animals' more broadly.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Fighting/Attack Dog Causing Serious Bodily Injury Cases in All LA County Courts
01 — Quick Facts
PC §399.5 — Fighting/Attack Dog Causing Serious Bodily Injury at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §399.5 — Dog Trained as Fighting or Attack Dog Causing Injury |
| Classification | Wobbler |
| Misdemeanor Term | Up to 1 year county jail + up to $1,000 fine |
| Felony Term | 16 months, 2, or 3 years state prison (§1170(h)) |
| Scope Limitation | Applies ONLY to dogs trained as fighting or attack dogs — general dangerous dogs fall under §399 |
| Trigger | Two or more separate bite incidents OR one incident causing substantial physical injury |
| Related | PC §399 (mischievous animal — broader); Food & Ag Code §31601 et seq. (dangerous-dog civil registration) |
| Free Consultation | (213) 723-2337 — Rubin Law, P.C. |
01 — What Is PC §399.5?
What Is California Penal Code §399.5?
PC §399.5 Reads:
"The owner or keeper of any dog trained to fight, attack, or kill is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170, if, as a result of that person's failure to maintain reasonable control of the dog … the dog bites a human being, on two separate occasions or on one occasion causing substantial physical injury."
— California Penal Code §399.5(a)
§399.5 is scoped narrowly to dogs trained to fight, attack, or kill — pit-fighting dogs, guard dogs trained for aggression, and similar. The core trigger is either (a) two or more separate bite incidents or (b) a single incident causing substantial physical injury. The owner or keeper's failure to maintain reasonable control is the mens rea floor.
§399.5 vs. §399 — Trained Fighting Dogs vs. Mischievous Animals
§399 is the broader 'mischievous animal' statute covering any animal (dogs, horses, exotic pets, livestock) whose owner has actual knowledge of vicious propensities and willfully allows it at large or fails to keep it with ordinary care, resulting in death (§399(a)) or serious injury (§399(b)). §399.5 is narrower — requires training as a fighting or attack dog. Where the fact pattern involves a merely dangerous (untrained) dog, §399 is the correct charge.
Why This Statute Matters
The training element is the defense fight — most 'dangerous dog' cases involve untrained but aggressive dogs and belong under §399, not §399.5. Rubin Law, P.C. challenges the training element and targets reduction to misdemeanor §399(b) or civil dangerous-dog registration under Food & Ag Code §31601 et seq.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §399.5
The prosecution must prove each element beyond a reasonable doubt.
Owner or Keeper
Defendant was the owner or keeper of the dog at the time.
Trained to Fight/Attack/Kill
The dog was specifically trained to fight, attack, or kill.
Failure to Maintain Reasonable Control
Defendant failed to maintain reasonable control of the dog.
Bite Element
The dog bit a human on two separate occasions OR once with substantial physical injury.
04 — Penalties
Penalties for PC §399.5 Fighting/Attack Dog Causing Serious Bodily Injury in California
§399.5 is a wobbler with §17(b) reduction opportunity.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §399.5 — Misdemeanor | PC §399.5 | Up to 1 year county jail + $1,000 fine | Available | No |
| §399.5 — Felony | PC §399.5 | 16 months, 2, or 3 years (§1170(h)) | Available | No |
| With §12022.7 GBI | PC §12022.7 | +3 to +6 years | No | N/A |
| With §667.9 Vulnerable Victim | PC §667.9 | +1 or +2 years | Discretionary | N/A |
Related Statutes
PC §399
PC §399
Broader 'mischievous animal' statute — the target reduction in untrained-dog cases.
PC §192(b)
PC §192(b)
Involuntary manslaughter where the attack causes death.
Food & Ag Code §31601 et seq.
Food & Ag §31601
Civil dangerous-dog registration — parallel administrative process.
Collateral Consequences
- Animal forfeiture and destruction orders
- Civil strict-liability dog-bite exposure (Civil Code §3342)
- Punitive damages where scienter proven (Civil Code §3294)
- Occupational-license discipline (breeder, trainer)
- Restitution to victims under §1202.4
- Firearm ban if felony conviction (PC §29800)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §399.5 Fighting/Attack Dog Causing Serious Bodily Injury Charges
Rubin Law, P.C. defends §399.5 at the training and control elements.
Not Trained to Fight/Attack
Attack the training element — reduce to §399 or dismiss.
Training
Reasonable Control
Client maintained containment measures — leash, kennel, fenced yard.
Control
Not the Owner/Keeper
Casual handler with no ownership or keeper responsibility.
Standing
Victim Provocation
Victim provoked or trespassed — common-law dog-bite defense.
Provocation
§17(b) Reduction
Wobbler reduction to misdemeanor on first-offense cases.
§17(b)
Civil-Track Diversion
Redirect to Food & Ag Code §31601 civil dangerous-dog hearing where criminal exposure is disproportionate.
Civil
Constitutional Sources
07 — Court Process
How PC §399.5 Fighting/Attack Dog Causing Serious Bodily Injury Cases Move Through Los Angeles Courts
§399.5 cases proceed as wobbler filings with animal-control coordination.
- 1
Step 1 — Investigation
Animal Control incident reports, bite history, and veterinary-record subpoenas.
- 2
Step 2 — Filing
DA files §399.5 vs. §399 based on training analysis.
- 3
Step 3 — Arraignment
O.R. or moderate bail; animal-forfeiture holds common.
- 4
Step 4 — Motions
§17(b) reduction; challenges to training element and bite history.
- 5
Step 5 — Preliminary Hearing
Animal-control experts and veterinarians testify on training and injuries.
- 6
Step 6 — Trial or Plea
Most cases resolve via §17(b) misdemeanor plea plus animal forfeiture.
- 7
Step 7 — Sentencing
Probation with animal-forfeiture and restitution terms.
Los Angeles Courts That Handle PC §399.5 Fighting/Attack Dog Causing Serious Bodily Injury Cases
§399.5 cases are handled in LA County felony/misdemeanor courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Fighting/Attack Dog Causing Serious Bodily Injury Defense Attorney
Daniel S. Rubin has defended clients charged with fighting/attack dog causing serious bodily injury and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §399.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Fighting/Attack Dog Causing Serious Bodily Injury Cases Throughout LA County
See our full Fighting/Attack Dog Causing Serious Bodily Injury defense practice
09 — FAQs
PC §399.5 Fighting/Attack Dog Causing Serious Bodily Injury Questions — Los Angeles
What is PC §399.5?
A wobbler punishing the owner or keeper of a dog trained to fight, attack, or kill when the dog bites a human on two separate occasions or once causing substantial physical injury.
How is §399.5 different from §399?
§399 covers any 'mischievous animal' with known vicious propensities. §399.5 is narrower — requires the dog to be specifically trained to fight, attack, or kill.
What triggers §399.5?
Either (a) two or more separate bite incidents or (b) a single bite incident causing substantial physical injury.
Is §399.5 a strike?
No — not listed under §1192.7(c) or §667.5(c).
Can §399.5 be reduced?
Yes — §17(b) reduction to misdemeanor is available. Where the training element fails, the charge can be reduced to §399.
What happens to the dog?
Animal forfeiture is standard. Under Food & Ag Code §31601 et seq., dangerous dogs can be registered, restricted, or destroyed.
Available 24/7 — Free Consultation
Facing PC §399.5 Charges?
Wobbler exposure with animal-forfeiture stakes. Rubin Law, P.C. defends aggressively. Call (213) 723-2337.