MN K-9 Assault Lawyer | Minn. Stat. § 609.596 Defense

Charged Under Minn. Stat. § 609.596? A Minnesota Lawyer Explains Your Rights and Fights for Your Future.

The call you received, the papers you were handed, the flashing lights in your rearview mirror—none of it feels real. Now you’re facing a criminal charge that carries an intense social stigma and severe legal penalties: harming a public safety dog. You likely never intended to be in this position. Perhaps it was a chaotic situation, a moment of panic, or a complete misunderstanding. In a protest that got out of hand in Minneapolis, during a confusing arrest at your St. Paul home, or in a split-second reaction in a Rochester park, your life took a turn you didn’t see coming. The prosecution will paint a picture of a malicious act against a loyal public servant. They will use the emotional weight of this accusation to seek the harshest possible penalties.

You need to understand that the State is not interested in your side of the story. They have their police reports and their narrative. It is my job to tell yours. I have defended individuals across the state of Minnesota, from the Twin Cities suburbs of Bloomington, Eagan, and Maple Grove to the northern reaches of Duluth and St. Cloud. I know how local prosecutors in Hennepin County, Ramsey County, Olmsted County, and beyond build these specific cases, and I know how to dismantle them. These are serious allegations that can result in felony convictions, jail time, crippling fines, and a permanent criminal record that follows you everywhere. But an accusation is not a conviction. You have rights, and you have options. You do not have to face the power of the government alone. This is the time to stand up, to fight back, and to ensure your story is heard.

The Heart of the Matter: What “Harming a Public Safety Dog” Actually Means in Minnesota

When you’re charged with a crime under Minnesota Statute § 609.596, it’s not just about an animal getting hurt. The law views this as an assault on the law enforcement or public safety process itself. You’re being accused of intentionally targeting a highly trained dog that serves a critical function—whether it’s a police K-9 apprehending a suspect, an arson dog sniffing for accelerants, or a search and rescue dog looking for a missing person. Minnesota prosecutors take these cases extremely seriously, and a conviction can carry consequences that are far more severe than many other assault charges.

To be convicted, the state must prove you acted intentionally and without justification. This is a crucial point. It’s not enough that the dog was harmed; the prosecutor must prove that you deliberately set out to cause that harm. This separates a tragic accident or a reflexive, defensive action from a criminal act. These charges often arise from chaotic, fast-moving situations where intent is blurry and actions are misread. Understanding this distinction is the first step in building a powerful defense against your Minnesota charge of harming a public safety dog. You need a defense that focuses on your state of mind and the context of the entire event, not just the outcome.

Minnesota Law on Harming a Public Safety Dog — Straight from the Statute

The legal foundation for your charge is found in Minnesota Statute § 609.596, titled “Killing or Harming a Public Safety Dog.” This is the specific law the prosecution will use to try and convict you. It’s important to see the exact language I will be fighting against.

609.596 KILLING OR HARMING PUBLIC SAFETY DOG.

Subdivision 1. Felony. It is a felony for any person to intentionally and without justification cause the death of or great or substantial bodily harm to a police dog, a search and rescue dog, or an arson dog when the dog is involved in law enforcement, fire, or correctional investigation or apprehension, search and rescue duties, or the dog is in the custody of or under the control of a peace officer, a trained handler, or an employee of a correctional facility…

Subd. 2. Gross misdemeanor. It is a gross misdemeanor for any person to intentionally and without justification cause demonstrable bodily harm to a police dog, search and rescue dog, or an arson dog when the dog is… involved in [official] duties…

Subd. 2a. Misdemeanor. It is a misdemeanor for any person to intentionally and without justification assault a police dog, search and rescue dog, or an arson dog when the dog is… involved in [official] duties…

Subd. 2b. Mandatory restitution. The court shall order a person convicted of violating this section to pay restitution for the costs and expenses resulting from the crime.

Breaking Down the Legal Elements of Harming a Public Safety Dog in Minnesota

For the government to convict you of this crime, they can’t just tell a compelling story. They have to prove several distinct facts—the “elements” of the offense—beyond a reasonable doubt. If they fail to prove even one of these elements, their case falls apart. My entire strategy will revolve around showing that the state cannot meet this high burden of proof. We will attack their case piece by piece, element by element, to protect your freedom and your future. Here is what the prosecutor must prove:

Intent: The prosecutor must prove that you acted with a specific purpose to harm the dog. This is the most subjective and often the most contestable element. It’s not enough to show that you acted recklessly or that your actions inadvertently led to an injury. They must get inside your head and prove you consciously decided to hurt the animal. This is vastly different from pushing an animal away in a panic, accidentally tripping over it in a chaotic scene, or acting to protect yourself from a perceived threat.
Act and Result: Your action must have directly caused a specific level of harm, from a simple assault to the dog’s death. A felony requires causing “great or substantial bodily harm.” A gross misdemeanor requires “demonstrable bodily harm.” A misdemeanor involves an “assault.” The level of alleged harm is critical, as it determines the severity of the charge. We will scrutinize the veterinary records and officer reports to challenge the state’s classification of the injury, potentially leading to a reduction or dismissal of the charges.
Victim & Circumstance: The animal involved must legally qualify as a “public safety dog”—specifically a police dog, search and rescue dog, or arson dog as defined by Minnesota law. Furthermore, the dog must have been actively engaged in its official duties or under the control of its handler at the time of the incident. If the dog was off-duty, or if its actions fell outside the scope of its official responsibilities, the statute may not apply. We will investigate the dog’s status and the context of the encounter thoroughly.

Penalties for a Harming a Public Safety Dog Conviction in Minnesota Can Be Severe

Do not underestimate what is at stake. A conviction under this statute is not a minor infraction. Minnesota judges and prosecutors view this offense as a direct attack on law enforcement and public order, and the penalties reflect that. You are facing the possibility of incarceration, life-altering fines, and a criminal record that can close doors for the rest of your life. The severity of the penalty depends on the level of harm the prosecutor alleges you caused.

Felony Harming a Public Safety Dog

If you are convicted of causing the death of, or great or substantial bodily harm to, a public safety dog, you are facing a felony. This is the most serious level of the offense.

Maximum Jail Time: Up to 2 years in state prison.
Maximum Fine: Up to $5,000.
Consequences: A permanent felony record, loss of firearm rights for life, and significant barriers to employment and housing.

Gross Misdemeanor Harming a Public Safety Dog

If the charge is for causing “demonstrable bodily harm,” it is classified as a gross misdemeanor. While less severe than a felony, it is still a serious crime.

Maximum Jail Time: Up to 364 days in a county jail.
Maximum Fine: Up to $3,000.
Consequences: A serious criminal conviction that appears on all background checks.

Misdemeanor Assault on a Public Safety Dog

The lowest level of the offense is a misdemeanor assault, which involves an act intended to cause fear of immediate bodily harm or an act that intentionally inflicts minor harm.

Maximum Jail Time: Up to 90 days in jail.
Maximum Fine: Up to $1,000.

Mandatory Restitution

This is a critical and often financially devastating penalty. If convicted at any level, the court must order you to pay restitution. This isn’t just a fine paid to the state; it’s direct payment to the law enforcement agency for all costs, which can include:

Veterinary bills for the injured dog.
The full cost of purchasing a new, highly specialized dog.
The thousands of dollars required for training the replacement dog.
This amount can easily exceed $10,000 or $20,000, creating a long-term financial burden.

What Harming a Public Safety Dog Looks Like in Real Life — Common Scenarios in Minnesota

These charges don’t happen in a vacuum. They are born from tense, confusing, and fast-moving situations where your actions can be easily misinterpreted by law enforcement. The sterile language of the statute doesn’t capture the real-world chaos where these incidents occur. You may see your own story reflected in these common scenarios that play out across Minnesota, from the dense urban neighborhoods of Minneapolis and St. Paul to the wide-open spaces of Greater Minnesota.

The key in each of these situations is that the police and prosecutor will only present one version of events. My job is to present the full context—your fear, your confusion, your panic—to show that your actions were not the malicious crime they allege.

The Chaotic Protest in Downtown Minneapolis

You’re part of a protest or demonstration. The energy is high, and police move in to disperse the crowd. A K-9 unit is present, barking and adding to the tension. In the confusion of the moving crowd, you are pushed forward, or you put up your hands defensively as a dog lunges. Your hand makes contact with the dog. Police see it as a deliberate strike and immediately arrest you for assaulting a police dog. They see intent; I see a person reacting to a chaotic and threatening environment.

The High-Stress Arrest at Your St. Paul Home

Police execute a search or arrest warrant at your house. They enter unannounced, and the first one through the door is a police dog. Your instinct is to defend your home and family from what you perceive as an intruder. You kick out or shove the dog away before you even realize it’s a police K-9. The officers see this as an intentional attack on their partner. I see it as a normal human reaction to a terrifying and disorienting home invasion by armed strangers.

The Encounter on Your Property Near Duluth

You live on a property bordering a state park where a search and rescue operation is underway. A search dog wanders onto your land. Your own dog, a protective family pet, runs out and a fight ensues. You rush in to separate the animals and, in the process of pulling them apart, the search and rescue dog is injured. The handler only sees you involved in the fray and accuses you of intentionally harming their dog. They see a crime; I see a property owner trying to break up a dog fight.

The Misunderstanding at a Rochester Community Event

You’re at a festival or public event where a police K-9 team is present for community outreach or security. You admire the dog and, misreading the situation, you reach out to pet it. The dog reacts defensively, and the handler perceives your unsolicited approach as a threat or an assault. What you saw as a friendly gesture is now the basis for a misdemeanor charge, simply because of the handler’s interpretation of your actions in that split second.

Legal Defenses That Might Work Against Your Charge of Harming a Public Safety Dog

When you’re accused of a crime, it can feel like you’re already presumed guilty. The state has police officers and a wealth of resources on its side. But you have the Constitution and the right to a powerful defense. My approach is never to simply accept the prosecution’s version of events. I will conduct my own investigation, interview witnesses, and scrutinize every piece of evidence—from body camera footage to veterinary reports—to find the weaknesses in their case. An accusation is not proof, and there are strong legal defenses we can use to fight these charges.

Building your defense requires a creative and aggressive strategy tailored to the specific facts of your case. We won’t rely on a single argument; we will build a multi-layered defense designed to raise reasonable doubt. Whether it’s challenging the core element of intent, arguing that your actions were justified, or proving the police simply got it wrong, our goal is to achieve the best possible outcome, whether that is a full dismissal, a not-guilty verdict at trial, or a favorable plea agreement that keeps a felony off your record.

You Lacked Criminal Intent

This is often the most powerful defense. The state must prove you intentionally harmed the dog. We can argue that your actions were not intentional, but rather accidental, reflexive, or negligent—none of which meet the legal standard for this crime.

Accidental Contact: In a chaotic environment like a protest or a police raid, physical contact can be completely unintentional. We can argue that you were pushed, you stumbled, or you were simply in the wrong place at the wrong time, and any contact with the K-9 was an accident, not a purposeful act of harm.
Reflexive Action: When suddenly confronted by an aggressive, barking animal, it is a natural human reflex to push it away or shield yourself. We can argue that your action was an involuntary reflex driven by fear, not a conscious decision to assault the dog. This is especially potent if body camera footage shows a chaotic, fast-moving encounter.

Self-Defense or Defense of Others

Minnesota law allows you to use reasonable force to defend yourself or another person from bodily harm. While the bar is high when a police dog is involved, it is not insurmountable. This defense is about what you reasonably believed at that moment.

Reasonable Fear of Attack: If the K-9 was not under the handler’s firm control and was acting in a way that made you genuinely fear for your safety or the safety of a loved one (like a child), we can argue your actions were justified. We would demonstrate that a reasonable person in your exact situation would have also acted to protect themselves from a perceived mauling.
Unlawful Police Action: If the police were acting unlawfully—for example, entering your home without a proper warrant or using excessive force—your right to self-defense is strengthened. We would challenge the legality of the entire police encounter to show that their actions, and those of their K-9, were not justified, making your response a legitimate act of self-preservation.

The Dog Was Not Acting in an Official Capacity

The statute is very specific: the dog must be a “public safety dog” and it must be involved in official duties at the time of the incident. We can challenge whether these strict legal requirements were actually met.

Off-Duty or Not Engaged: Was the dog simply in a police car but not being deployed? Was the handler on a break? Was the “search and rescue” operation officially sanctioned? We can investigate the dog’s specific assignment and status at the moment of the alleged crime to argue that it was not protected by the statute at that time.
Not a Certified Dog: The law defines what qualifies as a “public safety dog.” We can demand proof of the dog’s certification and training records. If the dog was not properly certified as a police, arson, or search and rescue dog according to state standards, the charge may be invalid from the start.

Misidentification and False Accusation

In confusing, multi-person situations, it’s common for police to misidentify the person responsible. This is particularly true in protests, large parties, or other group settings.

Chaotic Scene: When many people are gathered, it can be impossible for an officer to be certain about who did what. We can highlight the chaos of the scene, the limited visibility, and the potential for other individuals to have been responsible for the dog’s injury, arguing that you have been unfairly and incorrectly singled out.
Inconsistent Witness Statements: Police and other witnesses often have conflicting recollections of events. I will carefully compare every statement, police report, and video angle to find inconsistencies that undermine the credibility of the accusation against you and create the reasonable doubt needed to win your case.

Minnesota Harming a Public Safety Dog FAQs — What You Need to Know Now

Will I definitely go to jail if I’m charged with harming a police dog in Minnesota?

Not necessarily. An accusation is the beginning of the legal process, not the end. The possibility of jail time is real, especially for a felony or gross misdemeanor charge. However, a strong legal defense can lead to many other outcomes, including a full dismissal of the charges, an acquittal at trial, or a plea to a lesser offense that does not involve incarceration. My primary goal is always to keep you out of jail.

What is the difference between “great bodily harm,” “substantial bodily harm,” and “demonstrable bodily harm”?

These legal terms define the severity of the injury and determine whether you face a felony or a gross misdemeanor. “Great bodily harm” means a high probability of death, serious permanent disfigurement, or permanent loss or impairment of a bodily function. “Substantial bodily harm” is a step below, involving a temporary but substantial injury. “Demonstrable bodily harm” is any harm that can be observed or perceived. We would fight the prosecution’s classification of the injury, often with a consulting veterinarian, to argue for a lesser charge.

Can the charges be dismissed?

Yes. Dismissal is one of the best possible outcomes. This can happen if I can convince the prosecutor that they have insufficient evidence to prove their case, if we win a pre-trial motion to suppress illegally obtained evidence, or if we can demonstrate that your constitutional rights were violated during the arrest or investigation. Early intervention is key to increasing the chances of a dismissal.

Do I really need a lawyer for a misdemeanor assault on a K-9 charge in a city like Plymouth or Maple Grove?

Absolutely. Even a misdemeanor conviction creates a permanent criminal record that can affect your job, housing, and reputation. It’s a mistake to treat any criminal charge lightly, especially one with the emotional weight of harming a police dog. A dedicated attorney can often negotiate a resolution that keeps the conviction off your record, such as a continuance for dismissal.

How much will the restitution be?

This is a huge financial risk. Restitution is mandatory and can be cripplingly expensive. It isn’t limited to the vet bills. The law enforcement agency will demand repayment for the full cost of replacing and training a new K-9, which can easily run from $10,000 to over $50,000. I fight to have restitution dismissed entirely or, if a conviction is unavoidable, argue for a reasonable amount that you can actually afford.

Can I be charged if the police dog bit me first?

Yes, you can still be charged. However, the fact that the dog bit you is a critical piece of evidence for a self-defense claim. We would argue that your actions were a direct and reasonable response to being attacked. We would immediately seek to document your injuries and use them to show that you were the victim and were acting to protect yourself from further harm.

How long does a charge of harming a public safety dog stay on my record in Minnesota?

A criminal charge stays on your record forever unless it is formally expunged by a court order. A conviction for any level of this offense—misdemeanor, gross misdemeanor, or felony—will appear on background checks for the rest of your life unless you successfully petition for an expungement, which is a separate and often difficult legal process. This makes fighting the charge from the very beginning absolutely critical.

What if I was defending my own pet from the police dog?

This is a valid defense strategy known as “defense of property” or, in this context, defense of your own animal. We would argue that your actions were solely to protect your pet from an attack by the K-9. The success of this defense depends on the specifics, such as whether the K-9 was lawfully on your property and whether your actions were reasonable to stop the fight.

Do I have to talk to the police?

No. You have the absolute right to remain silent. Police are trained to elicit statements that can be used against you. You should never try to “explain your side of the story” to them without an attorney present. Politely state, “I am exercising my right to remain silent, and I want a lawyer.” This can be the single most important decision you make to protect yourself.

How does a case in Hennepin County differ from one in Ramsey County or St. Louis County?

While the Minnesota state law is the same everywhere, each county has its own prosecutors, judges, and local court procedures. An effective defense requires an attorney who understands these local differences. I have experience across the state and know how to tailor a defense strategy to the specific courthouse and prosecutor’s office your case is in, whether it’s in downtown Minneapolis, St. Paul, or Duluth.

Can a felony conviction for this be reduced to a misdemeanor?

Sometimes. In certain situations, we can negotiate with the prosecutor to amend a felony-level charge down to a gross misdemeanor or misdemeanor. This is a major victory, as it avoids a felony on your record and the lifelong loss of civil rights like voting and owning a firearm. This is often achieved by showing weaknesses in the prosecutor’s case or presenting strong mitigating circumstances.

What is a “continuance for dismissal”?

This is a very favorable outcome, common in misdemeanor cases but possible in some gross misdemeanors. You agree to certain conditions (like remaining law-abiding for a year), and after you complete the period successfully, the charge is dismissed outright. It never becomes a conviction. This is often a key goal when fighting lower-level charges.

What if the dog didn’t have any visible injuries?

This is a crucial fact. A gross misdemeanor charge requires “demonstrable bodily harm.” If there is no proof of injury—no vet records, no photos—the state cannot prove a key element of the crime. For a misdemeanor assault, they only need to prove you intended to cause fear, but the lack of injury significantly weakens their case and provides powerful leverage for a dismissal or a not-guilty verdict.

I was intoxicated during the incident. Is that a defense?

Voluntary intoxication is generally not a defense to a crime in Minnesota. However, it can sometimes be used to argue that you were incapable of forming the specific intent required for the crime. In other words, you were so intoxicated that you couldn’t have purposefully or intentionally harmed the dog. This is a complex legal argument that depends heavily on the specific facts of the case.

Why is hiring a private attorney better than using a public defender?

Public defenders are often dedicated lawyers, but they are typically overloaded with an enormous number of cases, limiting the time and resources they can devote to any single one. When you hire a private attorney, you are ensuring that your case gets the focused, personal attention it deserves. I have the ability to conduct a thorough independent investigation, hire experts if needed, and dedicate the time required to build the strongest possible defense for you.

What a Conviction for Harming a Public Safety Dog Could Mean for the Rest of Your Life

The consequences of a conviction go far beyond the courtroom and jail cell. A criminal record for this offense can cast a long shadow over your entire life, creating permanent obstacles to your goals and your family’s security. Prosecutors will not warn you about these “collateral consequences,” but they can be just as devastating as the formal sentence. Understanding these long-term impacts is critical, as it underscores why fighting your charge so aggressively now is essential for your future.

Your Right to Own a Firearm

If you are convicted of the felony-level offense of harming a public safety dog, your right to possess a firearm under Minnesota law is gone—for life. This is not temporary. You will be permanently barred from owning a gun for hunting, sport, or self-defense. This is a significant civil right that is stripped away by a felony conviction, and it is a consequence that many people do not realize until it is far too late. Protecting your Second Amendment rights starts with aggressively defending yourself against the felony charge today.

Your Career and Future Employment

Imagine trying to explain this conviction on a job application. In today’s competitive market, nearly all employers run background checks. A conviction for harming a police dog sends a signal—fair or not—of violence and anti-authoritarian sentiment that will cause many employers to immediately discard your application. You could be disqualified from jobs in healthcare, education, finance, and any field requiring a state license. This conviction can permanently limit your earning potential and career opportunities.

Your Ability to Find Safe Housing

Just like employers, landlords run background checks. They are often wary of renting to individuals with criminal records, especially for offenses that carry a perception of violence. A conviction for harming a public safety dog can lead to instant denials of rental applications, forcing you into less desirable housing or making it nearly impossible to find a place for you and your family to live. You could lose your current housing or be prevented from moving in the future, all because of this one mark on your record.

Your Immigration Status

For non-citizens, including legal permanent residents (green card holders), a conviction for this crime can be a catastrophic event. It can be classified as a “crime involving moral turpitude” or an “aggravated felony” under federal immigration law. This could make you deportable from the United States, even if you have lived here legally for decades. It can also make you inadmissible, meaning you would be denied re-entry if you travel abroad or be prevented from ever obtaining citizenship.

Why You Need a Tough, Experienced Minnesota Attorney for a Charge of Harming a Public Safety Dog

When the full weight of the state is coming down on you for a crime as emotionally charged as this one, you cannot afford to face it alone or with uncertain representation. The prosecutor has a simple goal: to secure a conviction. My goal is equally simple: to protect you, your rights, and your future. This is a battle that requires a deep understanding of Minnesota law, a familiarity with local courts across the state, and an unwavering commitment to challenging the government’s narrative at every turn.

The Prosecutor Is Not Your Friend—I Am Your Advocate

The person prosecuting your case may seem reasonable, but their job is to represent the state of Minnesota, not you. They are legally and ethically bound to seek a conviction. Any advice they offer is designed to benefit their case, not yours. You need an advocate in your corner whose only loyalty is to you. I will stand between you and the prosecutor, handling all communications and negotiations. I will scrutinize the state’s evidence, expose its weaknesses, and ensure that your story is told with the force and clarity it deserves. Without your own dedicated counsel, you are simply a defendant in their system. With me, you are a client with a powerful defense.

Every Second Counts: The Power of Proactive Defense

The most critical moments in a criminal case often happen in the first few days after an arrest. Evidence disappears, witness memories fade, and the police solidify their reports. The sooner I get involved, the sooner I can begin building your defense. I can advise you against making statements, file demands to preserve crucial evidence like body camera and squad car videos before they are erased, and start locating and interviewing defense witnesses while their memories are still fresh. Taking immediate, decisive action can dramatically change the trajectory of your case, often putting us in a position of strength before you even step foot in a courtroom.

Navigating Minnesota’s Courts from Minneapolis to St. Cloud

Minnesota’s legal system isn’t one-size-fits-all. The way a case is handled in the Hennepin County Government Center in Minneapolis is vastly different from how it’s managed in the St. Louis County courthouse in Duluth or the Olmsted County courthouse in Rochester. I have traveled throughout this state, defending clients in urban, suburban, and rural jurisdictions. I know the local rules, the tendencies of the prosecutors, and the expectations of the judges. This statewide experience allows me to craft a legal strategy that is not just sound in theory, but effective in the specific court where your freedom is on the line.

Building a Case Designed to Win

My approach is not to simply manage the damage; it is to seek a complete victory. A win can take many forms: a pre-trial dismissal, a not-guilty verdict from a jury, or a negotiated plea to a lesser charge that protects your record and your future. I will meticulously prepare your case as if it is going to trial from day one. This level of preparation shows the prosecutor that we are ready for a fight, which often leads to better plea offers. Whether we are arguing a motion to suppress evidence, cross-examining the K-9 handler on the stand, or presenting a compelling case to a jury, every action is part of a deliberate strategy designed to achieve the best possible result for you.

Killing or Harming a Public Safety Dog in Minnesota