criminal-law assault hypothetical dog
Would a dog attack ever be considered an assault with a deadly weapon?
<p>Ingrid and her neighbor Fatima have a long standing dispute.  One day Ingrid's dog bites Fatima.<br />
Aside from civil liability, are there circumstances where Ingrid might face assault charges, including &quot;deadly weapon&quot; or &quot;first degree&quot; (depending on the state)?</p>
<p>Some potential facts to consider:</p>
<ol>
<li>Ingrid's dog has no history of biting or attacks.</li>
<li>Ingrid negligently or perhaps intentionally did not restrain the dog.</li>
<li>Ingrid may have specifically trained her dog to bite on command.</li>
<li>Ingrid may have threatened Fatima with &quot;I'll sic my dog on you.&quot;</li>
</ol>
<p>I understand that it depends on what facts can be proved in court.  My question is what set of facts might be necessary to rise to the level of assault (ADW)?</p>
<p>As this is a hypothetical question, feel free to pick the jurisdiction of your choice.</p>

<p><a href="/questions/tagged/washington" class="post-tag" title="show questions tagged &#39;washington&#39;" rel="tag">washington</a></p>
<p>Under the laws of Washington State, USA, a dog can be considered a deadly weapon.  See <a href="https://casetext.com/case/state-v-hoeldt" rel="nofollow noreferrer"><em>State v. Hoeldt</em>, 139 Wash. App. 225 (2007)</a>.  Hoeldt allegedly released a dog which attacked a police officer, and was convicted of second degree assault with a deadly weapon.  He appealed, claiming that a dog was not a weapon for purposes of the assault statute.  The Court of Appeals upheld the conviction:</p>
<blockquote>
<p>Because a dog is an instrument that can be used to cause death or substantial bodily harm, we hold that a dog can be a &quot;deadly weapon&quot; under RCW 9A.04.110(6).</p>
</blockquote>
