Here are the facts for the case:

Mary Gomez moved to a very quiet residential neighborhood in an upscale Broward County suburb. She had lived in New York City her entire life with her 100-pound Pit-bull, named Tinker Bell. Mary loved city living very much, as did Tinker Bell. They would go for long walks through the busy city streets, talk to random people everywhere they went, and played for hours in Central Park with kids and other dogs; there was never a single incident of aggression towards children, adults, or other animals. After a brutal winter, Mary decided it was time to take Tinker Bell to a warmer more tropical climate, so she moved to a very upscale suburb in Broward County in March.

Her neighbors were not very receptive to Tinker Bell or to Mary's outward New York City personality. Nobody ever welcomed them to the neighborhood or approached Tinker Bell for petting or playing. All the neighbors kept their pets inside when Tinker Bell would go for his walks. Never-the-less, Mary and Tinker Bellmaintained their routine of daily walks.

On July 4th, all of the neighborhood children were in the streets playing with firecrackers. Mary did not think it would be a good idea to take Tinker Bell for a long walk on an evening where there would be so much commotion. So she takes Tinker Bell for a quick walk just a few houses down from hers. On her way back home, Scotty Turbinado (10 years old, average grades, a few minor behavioral issues in school; overall, a good kid, but in this "uppity" neighborhood he was the rowdy prankster) runs up to Mary and Tinker Bell, throws a firecracker "popper" directly at Mary's feet, causing her to jump back in fear. As she falls back, Tinker Bell pulls away from the leash and jumps on Scotty, biting him feverishly on his shoulder.

Mary gets up as quickly as she can and calls Tinker Bell to her side. Immediately Tinker Bell releases Scotty from the deadly grip. Mary ties Tinker Bell to a nearby tree and calls for help while holding Scotty in her arms. A neighbor called 911 because Scotty's parents were not home. Scotty was taken to the emergency room for surgery. His injury was so severe that his right arm had to be amputated.

Meanwhile, Mary had taken Tinker Bell home and was on her way to the hospital to check up on Scotty. Upon arrival she was greeted by Scotty's parents who informed her that Animal Control was on their way to seize Tinker Bell. Immediately Mary went home and found four police cruisers, eight police officers, four animal control officers, and an animal control van.

Mary was arrested and read her rights. She was charged with a first degree misdemeanor for her dog's attack on Scotty. Tinker Bell was taken to animal control and placed on "death row" pending an order of "execution" from the court. Mary was released on bail and immediately focused on how to get Tinker Bell back, but has been unable to do so until the pending charges are cleared.

Mary Gomez has contacted your firm for representation. Research the law and discuss the likely outcome of:

• Florida vs Gomez, Mary

Explain and discuss the criminal liability of Mary Gomez.