“Dogs Are People Too?” Why the Law Says “No” (And Why That Matters for Your Sentence)

By: John Guidry

Are dogs conscious? Do all dogs go to heaven? These are questions best suited for a philosophy blog at a small liberal arts college. Yet, such issues have crept into Florida’s criminal law.

With the advent of K-9 units comes charges for injuring these dogs.

• The Reality: Injuring your significant other (a human being) is often a Misdemeanor (Domestic Violence Battery).
• The Contrast: Injuring a police dog is a Felony.

That strikes me as odd. But the real legal battle isn’t about the charge itself—it’s about the Sentence Enhancement. Can a prosecutor force you to serve a mandatory maximum prison sentence because they claim the dog is an “Individual”?

Did the State add “Victim Injury Points” for an animal?

Animals are property, not persons. Call John today at (407) 423-1117.

The Case: Bass v. State (The PRR Trap)

In Bass v. State, 791 So. 2d 1124 (Fla. 4th DCA 2000), the defendant faced a terrifying sentence enhancement: Prison Releasee Reoffender (PRR).

• The Rule: If you commit a new felony within 3 years of being released from prison, and that felony involves an “Individual,” the Judge must sentence you to the statutory maximum (e.g., 5 years for a 3rd-degree felony) with No Gain Time. Day for day.
• The Argument: The prosecutor argued that the K-9 police dog was an “Individual.”
• The Trial Court: Agreed! The Judge reasoned that because police dogs receive similar protections to human officers, they count as individuals. The defendant got the max.

The Ruling: Dogs Are Property

I am a dog lover myself. But I do not believe dogs should be elevated to “human” status in our court system to justify excessive prison sentences. Fortunately, the Appeals Court agreed. They reversed the sentence.

• The Logic: Citing Helmy v. Swigert, the court noted that under Florida law, dogs are personal property.
• The Result: Because a dog is not an “Individual” under the PRR statute (Section 775.082), the mandatory maximum sentence could not apply.

Victim Injury Points (Humans Only)

This issue also comes up in Animal Cruelty cases. Ambitious prosecutors often try to add “Victim Injury Points” to your scoresheet for injuries inflicted on a pet.

• Why it Matters: Victim injury points increase your “Lowest Permissible Sentence” (the bottom of the guidelines).
• The Defense: Victim injury points are reserved for human beings. You cannot score points for “Severe Injury” to a dog any more than you can score points for “Severe Injury” to a Honda Civic. It is property damage, not personal injury.

John’s 2026 Update: The “Pam Rock Act” & K-9 Felonies

Note: In 2000, we fought to keep dogs from being treated as persons. In 2026, the legislature has found other ways to punish you.

1. The “Pam Rock Act” (2025) Governor DeSantis recently signed the “Pam Rock Act” (Effective July 1, 2025). While it mostly targets dangerous dogs, it reinforces the legal status of dogs as Property/Weapons.

• The Shift: The law increases the penalties for owners whose dogs attack humans. It treats the dog as a dangerous instrumentality (like a car or gun) that you are liable for, confirming that in the eyes of the law, the dog is an object you own, not a person you parent.

2. Increased K-9 Penalties (Second-Degree Felony) While Bass prevents PRR sentencing, the Legislature simply increased the base penalty.

• The Old Law: Injuring a police dog was a 3rd Degree Felony (Max 5 Years).
• The 2026 Law: Intentionally causing great bodily harm to a K-9 is now a 2nd Degree Felony (Max 15 Years).
• The Result: They don’t need the PRR enhancement anymore; the base charge is now severe enough to send you to prison for a decade.

3. Pet Insurance = Property Insurance Effective January 1, 2026, Florida law explicitly amended the insurance statutes to define Pet Insurance as a form of “Property Insurance.”

• The Defense Argument: We use this statute in court. If the State tries to argue “Sentient Being” for sentencing points, we point to the insurance code. “Your Honor, the State of Florida classifies this strictly as property damage, just like a collision claim on a vehicle.”

Love Your Dog, Know the Law

The law is harsh on animal cruelty, and it should be. But we cannot allow the State to twist the definitions of words to illegally enhance prison sentences. A dog is a dog, and a person is a person.

Call me at (407) 423-1117. Let’s correct the scoresheet.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.