California Penal Code 365.7 addresses service dog fraud. If you attempt to pass your dog off as a trained service animal when it is not, you could face serious charges, including stiff fines and time in jail. It may seem harsh, but there are good reasons for this law.
If you have been accused of service dog fraud, it’s possible you made a mistake or that the charges are erroneous. It’s important to speak with an attorney whenever you are charged with a crime so you understand the law and your options.
At Simmrin Law Group, our team of attorneys has decades of combined legal experience, and we can help you with understanding California’s penal code. Call for a free case evaluation and tell us what happened.
What Are Service Dogs in California?
Service dogs help individuals who have a disability in the state of California. These dogs have special training and credentials, and they are allowed to accompany their owners everywhere. If you’re facing dog bite charges in Costa Mesa, a skilled dog bite lawyer can defend your rights and build a strong defense.
Service animals assist people in a variety of ways, including carrying out tasks for individuals with a physical or intellectual disability and performing rescue work. Some service animals have very specific training, such as:
Guide Dogs
Guide dogs, or seeing–eye dogs, can help a visually impaired person get around. Individuals may claim fraudulently that their dogs are guide dogs in order to take them into places where dogs are otherwise not permitted to go.
Signal Dogs
Signal dogs are similar to guide dogs. However, they do not assist visually impaired individuals. Instead, they work with a hard-of-hearing or deaf person by providing alerts in different ways that they wouldn’t otherwise hear. If your dog allegedly harmed someone, a Buena Park dog bite lawyer understands the challenges of these cases and will fight to minimize your legal consequences.
If you have been accused of violating Penal Code 365.7 PC | service dog fraud, a California criminal defense lawyer can help. Call today for a free case evaluation.
For a free legal consultation with a lawyer serving California, call (310) 896-2723
What Is Service Dog Fraud?
Unfortunately, some people attempt to claim they have a service animal when they do not. This is a criminal act in the state of California. Individuals may make false claims verbally or in writing, and there are various reasons someone might do so. Charged with a dog bite in West Covina? An experienced lawyer can protect your freedom and challenge the evidence against you.
Service dogs are allowed to enter stores and businesses where other dogs are not permitted. Additionally, people with service dogs can have them in apartment buildings that otherwise would not allow dogs.
These benefits are only available to people who have a specially trained dog and a formal diagnosis for their disabling condition. PC 365.7 is used to bring criminal charges against people who attempt to pass themselves off as trainers or owners of a service dog.
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Why Is Service Dog Fraud a Problem?
K9 Partners for Patriots effectively explains why service animal fraud is no small issue. On their page, Advocates Fight Against Service Dog Fraud, they note that fraud:
- Harms the disabled
- Confuses the public
- Affects the reputation of those who legitimately need service dogs
- Poses a danger to the public and credentialed service dogs
For these reasons, it is easy to see why many organizations and citizens stand behind the need for strict regulations regarding service dog fraud.
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Conviction for Service Dog Fraud
The court treats service dog fraud as a misdemeanor offense in California. If convicted, you could face up to six months in jail and/or fines of up to $1,000.
In some cases, you may receive probation instead of jail time. Probation allows you to remain out of jail after a conviction. However, you must follow certain regulations while on probation. Failure to heed these orders could result in a probation violation.
You should only face PC 365.7 charges if you are intentionally passing your dog off as a service dog and acting fraudulently. This means you must have demonstrated dishonesty or bad faith. A skilled attorney can help you understand your options if you face these charges.
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Contesting Service Dog Fraud
You don’t have to deal with charges for service dog fraud on your own in California. Reach out to a lawyer for help right away. We can help you understand your rights and mount an effective defense in order to reduce or eliminate the impact of your charges. Don’t face dog bite allegations alone—trust a Long Beach dog bite lawyer to defend you aggressively in court.
Common successful defenses against service dog fraud include:
Your Dog Qualifies as a Service, Guide, or Signal Animal
The police officer may have made a mistake when they believed you were committing service dog fraud. This happens often with mental disabilities, as these may be less obvious to outsiders. That could lead to a charge you can fight.
You Believed Your Dog Was a Service Dog
PC 365.7 charges apply if you fraudulently try to pass off a dog as a proper service animal. You may be able to fight this charge if you legitimately thought your dog was a service, guide, or signal dog. This is true even if your dog did not receive the special training necessary to qualify as one.
About Emotional Support Animals
Emotional support dogs are not legally recognized as service dogs in California. They are not required to undergo training, and they do not have the same access to public areas. However, emotional support dogs can provide a benefit to people who need them.
For this reason, certain housing provisions are available. Your landlord may require you to present a letter or notice from a medical professional stating your need for an emotional support dog. However, your housing provider may not have detailed access to your condition.
Intentionally misrepresenting an emotional support dog as a service dog is punishable as service dog fraud and can result in misdemeanor charges.
Get Help With Service Dog Fraud Charges
Under Penal Code 365.7 PC, service dog fraud, you can face penalties for falsely claiming your dog is a service animal. People with service animals have special needs that require the assistance of a trained animal, and their dogs are allowed in places where others are not.
Whenever you are accused of a crime, reach out to a criminal defense lawyer for guidance. If you were falsely accused, if you made a mistake, or if you need assistance with your legal situation, our attorneys are here to help.
At Simmrin Law Group, our criminal defense lawyers have helped thousands of clients with their legal issues. Contact us today for a free case evaluation and find out how we can help.
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