MMcNeil: I think your story, if not contradicted by other witnesses' stories, would support a justified legal shoot.
BUT, if some dog lover saw this incident and said the dog was merely growling at you as a stranger, the way it growled at other people before it got to you and didn't hurt them, and they didn't shoot it and yet it didn't actually attack them either, they could say you jumped the gun and fired before it was justified.
If it comes down to multiple witnesses disagreeing with what happened, you'd probably get arrested and the cops would turn it over to the prosecutors to worry about the fine point of the law, or putting the conflicting testimony up to a jury for them to sort out at trial.
That's IF it happened in public like this. If it happened on your own property, at your home, you'd almost certainly be able to claim necessary self-defense.
And YES, the size and breed of the dog makes a difference.
People perceive Rottweilers and Pit Bulls and Huskys and Chows and Dobermans and Belgian Malamois or German Shepherds as attack dogs, and more dangerous, and PERCEPTIONS matter. Reasonable perceptions, anyway.
Shoot a 60-lb Cocker Spaniel? You're probably going to jail.
SHoot a 40-lb pit bulldog? You're probably OK.
Choot a 3-lb teacup Chihuaua? Go to jail and have your man card and GWL both revoked within 5 business days.
BUT, if some dog lover saw this incident and said the dog was merely growling at you as a stranger, the way it growled at other people before it got to you and didn't hurt them, and they didn't shoot it and yet it didn't actually attack them either, they could say you jumped the gun and fired before it was justified.
If it comes down to multiple witnesses disagreeing with what happened, you'd probably get arrested and the cops would turn it over to the prosecutors to worry about the fine point of the law, or putting the conflicting testimony up to a jury for them to sort out at trial.
That's IF it happened in public like this. If it happened on your own property, at your home, you'd almost certainly be able to claim necessary self-defense.
And YES, the size and breed of the dog makes a difference.
People perceive Rottweilers and Pit Bulls and Huskys and Chows and Dobermans and Belgian Malamois or German Shepherds as attack dogs, and more dangerous, and PERCEPTIONS matter. Reasonable perceptions, anyway.
Shoot a 60-lb Cocker Spaniel? You're probably going to jail.
SHoot a 40-lb pit bulldog? You're probably OK.
Choot a 3-lb teacup Chihuaua? Go to jail and have your man card and GWL both revoked within 5 business days.