

Coloradans love their dogs; for many, dogs are loyal companions, adventure buddies, and beloved members of the family. Unfortunately, those loyal buddies sometimes react to a situation where they feel scared or threatened by biting someone or another dog. Therefore, Colorado dog owners must understand our state’s dog bite law and how it may affect them if their pet injures someone.
If your dog causes harm to a person or another animal, it is critical to schedule a consultation with a criminal defense attorney right away. Robinson & Henry’s Criminal Defense Team has eight offices in Denver, Colorado Springs, and the surrounding metro areas with attorneys who can help. Contact us at 303-688-0944 or schedule a consultation online.
Colorado’s dog bite law is a strict liability statute. That means, if your dog bites someone, you could be held civilly or criminally liable, even if you were unaware that your dog was dangerous, aggressive, or capable of the offense—and even if you tried to restrain the dog.
Dangerous Dog: Defined by C.R.S. 18-9-204.5 as "any dog that inflicts bodily or serious bodily injury upon or causes the death of a person or domestic animal; or demonstrates tendencies that would cause a reasonable person to believe that the dog may inflict bolidy or serious bodily injury upon or cause the death of any person or domestic animal; or engages in or is trained for animal fighting as described and prohibited in Colorado Revised Section 18-9-204."
Bodily Injury: “Any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.”
Serious Bodily Injury: “An injury that involves a substantial risk of death, serious permanent disfigurement, loss or impairment of a bodily function or organ, or a break, fracture, or second- or third-degree burn.”
You own, possess, harbor, keep, have financial or property interest in, or have custody or control over a dangerous dog.
Your dog bites someone who was lawfully on public or private property at the time.
If the bite causes injury or death to any domestic animal.
If the bite causes injury, serious bodily injury, or death to a person.
Working dogs, like police or military dogs, while performing their police officer or military personnel duties
Other working dogs, such as hunting, herding, farm, ranch, or predator control dogs, are on the owner’s property or under the owner’s control
People who are unlawfully on public or private property
If your dog bites someone or a domesticated animal, you may be charged with a misdemeanor or a felony, depending on the severity of the bite. Criminal charges can be filed months to years after an alleged incident, and the penalties for a dangerous dog ownership conviction range from a fine to time in jail or prison.
Allegation | Charge | Statute of Limitations | Penalty Range |
|---|---|---|---|
Owning a dangerous dog | Class 2 misdemeanor | 18 months | Up to 120 days in jail; up to $750 fine |
Dog injures or kills a domestic animal | Class 2 misdemeanor | 18 months | Up to 120 days in jail; up to $750 fine |
Dog seriously injures a person | Class 1 misdemeanor | 18 months | Up to 364 days in jail; up to $1,000 fine |
Subsequent violations of the above charges | Class 6 felony | 3 years | 12-18 months in prison, $1,000 - $100,000 fine |
Dog causes the death of a person | Class 5 felony | 3 years | 1-3 years in prison, $1,000 - $100,000 fine |
Note: The court will likely throw out a case if the state fails to bring charges within the statute of limitations.
The court may also order a dangerous dog owner to pay the victim restitution. If the dog injures a person, the court can order you to pay restitution for the victim's out-of-pocket medical expenses, as well as any anticipated future expenses. Similarly, if a dog injures or kills a domestic animal, restitution can be ordered to cover veterinarian bills or pay the replacement cost or fair market value of the animal. Additionally, if the dog destroys property, the owner may be ordered to pay restitution for the property's fair market value or replacement value.
Separate from criminal charges, a victim may file a civil suit to recover monetary damages for their pain and suffering. While homeowners' insurance policies may cover dog-related injuries, many exclude specific "dangerous breeds." As of 2025, Colorado law (HB 25-1207) prohibits insurers from refusing to insure or increasing premiums on homeowners' or dwelling fire insurance policies based on a dog breed kept at a dwelling, unless the dog is known to be dangerous or has been declared dangerous.
Colorado law requires a dangerous dog to be confiscated and placed in a public animal shelter at the owner’s expense. The court could order the dog to be euthanized if the owner pleads guilty, is found guilty of, or enters into a deferred judgment or deferred prosecution agreement of a charge that resulted in:
Serious bodily injury to a person;
Death to a person or domestic animal; or
A second or subsequent violation for the same dog causing bodily injury to a person or death to a domestic animal.
The owner has the right to appeal, and the dog will not be euthanized until the appeals are exhausted.
When a dangerous dog does not cause serious bodily injury or death and is not confiscated, Colorado law requires the owner to take certain precautions. In addition to confining the dog and registering it with the state, the owner must ensure that:
The dog is confined in an escape-proof building or enclosure.
The dog is on a leash when outside the enclosure.
The dog is muzzled when it’s outside of the enclosure if the owner has been convicted of violating the dangerous dog law more than once.
The Bureau of Animal Protection is notified if the dog escapes, dies, or changes address.
The dog is microchipped by a licensed veterinarian or licensed shelter, and the microchipping is reported to the Bureau of Animal Protection within 10 days of implantation so the dog can be permanently identified.
Treatment and service providers, including, but not limited to, a veterinary health care worker, dog groomer, humane agency staff person, pet animal care facility staff person, professional dog handler, or dog trainer, are notified in writing that the dog was the subject of a conviction.
That a prospective new owner of the dangerous dog is aware of the past conviction before the transfer of ownership.
Dog bite cases in Colorado are brought under either Colorado’s strict liability statute or as a common-law negligence claim. A dog owner’s defense strategy will depend on which claim type the case falls under.
In a strict liability case, the focus is on proving the dog owner is not liable. Typically, this means proving one of the following circumstances was in play at the time of the incident:
As a hunting, herding, farm, ranch, or predator control dog on the owner’s property or under the owner’s control;
As a police or military dog.
Was trespassing on the property;
Ignored posted signs warning “no trespassing” or “beware of dog” while on the owner’s property;
Knowingly provoked the dog; or
Was performing professional duties as a veterinary health care worker, dog groomer, humane society staff member, dog handler, trainer, or show judge at the time of the incident.
A charge under Colorado’s dangerous dog statute is serious, but it doesn't have to be the final word. If you are facing a summons, don't wait until your court date to build a defense. Contact Robinson & Henry today at 303-688-0944 or schedule a consultation online to protect your family and your pet.