Florida Statute 776.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.012

776.012 Use or threatened use of force in defense of person.—

(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27; s. 3, ch. 2014-195.

F.S. 776.012 on Google Scholar

F.S. 776.012 on CourtListener

Amendments to 776.012

Annotations, Discussions, Cases:

Cases Citing Statute 776.012

Total Results: 208

Darlene M. Kesinger v. Thomas Herrington

381 F.3d 1243, 2004 U.S. App. LEXIS 18160, 2004 WL 1902727

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2004 | Docket: 398120

Cited 254 times | Published

a forcible felony. See Fla. Stat. § 776.012. The burden then shifts to Kesinger’s estate

Emerson Pinkney v. Secretary, Department of Corrections

876 F.3d 1290

Court of Appeals for the Eleventh Circuit | Filed: Dec 6, 2017 | Docket: 6236484

Cited 180 times | Published

bodily harm to himself’ or another. Fla. Stat. § 776.012(2). But that defense is subject to exceptions

Penley v. Eslinger

605 F.3d 843, 2010 U.S. App. LEXIS 9106, 2010 WL 1741557

Court of Appeals for the Eleventh Circuit | Filed: May 3, 2010 | Docket: 1122346

Cited 180 times | Published

law, "[a] person who uses force as permitted in § 776.012 ... is justified in using such force and is immune

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

law enforcement officer. F.S. 776.051(1) and F.S. 776.012 Give if However, if an officer uses

The Florida Bar Re: Standard Jury Instructions Criminal Cases

477 So. 2d 985, 10 Fla. L. Weekly 557, 1985 Fla. LEXIS 3922

Supreme Court of Florida | Filed: Oct 10, 1985 | Docket: 1320378

Cited 72 times | Published

5th DCA 1985), which hold that in light of section 776.012 our current instruction is incorrect. Neither

Smiley v. State

966 So. 2d 330, 2007 WL 1628111

Supreme Court of Florida | Filed: Jun 7, 2007 | Docket: 1679339

Cited 58 times | Published

section 776.013 made a substantive change to section 776.012, Florida Statutes (2004), and it therefore

In Re Standard Jury Inst. in Crim. Cases No. 2007-03

976 So. 2d 1081, 2008 WL 596805

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1679907

Cited 57 times | Published

reasonably believes such force is necessary. See § 776.012, Fla. Stat.; Ivester v. State, 398 So.2d 926 (Fla

Weiand v. State

732 So. 2d 1044, 1999 WL 125522

Supreme Court of Florida | Filed: Mar 11, 1999 | Docket: 460467

Cited 45 times | Published

prevent imminent death or great bodily harm. See § 776.012, Fla. Stat. (1995); Wilson v. State, 30 Fla. 234

Jackson v. State

463 So. 2d 372, 10 Fla. L. Weekly 223

District Court of Appeal of Florida | Filed: Jan 17, 1985 | Docket: 1509733

Cited 44 times | Published

forcefully defended against as provided by section 776.012, Florida Statutes (1983).[2] In the instant

Hill v. State

688 So. 2d 901, 1996 WL 681384

Supreme Court of Florida | Filed: Nov 27, 1996 | Docket: 2533088

Cited 38 times | Published

to establish the statutory defense found in section 776.012, Florida Statutes (1993), entitled "Use of

Ivester v. State

398 So. 2d 926

District Court of Appeal of Florida | Filed: May 11, 1981 | Docket: 2518353

Cited 38 times | Published

right to use force in self-defense pursuant to Section 776.012, Florida Statutes (1979), which states in part

Lowery v. State

356 So. 2d 1325

District Court of Appeal of Florida | Filed: Apr 4, 1978 | Docket: 13431

Cited 28 times | Published

to use force in defense of his person under Section 776.012. The incident giving rise to the charge of

WILLIE JEFFERSON v. STATE OF FLORIDA

264 So. 3d 1019

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 8462501

Cited 22 times | Published

justifiable self- defense, as defined in section 776.012, in stabbing his roommate.1

Falco v. State

407 So. 2d 203

Supreme Court of Florida | Filed: Dec 17, 1981 | Docket: 1515369

Cited 21 times | Published

according to the provisions of chapter 776." Section 776.012 of that chapter, entitled "Use of force in

State v. Rivera

719 So. 2d 335, 1998 WL 601299

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 1705031

Cited 20 times | Published

claim that he shot the victim in self-defense. Section 776.012, Florida Statutes (1993), defines selfdefense

Garramone v. State

636 So. 2d 869, 1994 WL 178067

District Court of Appeal of Florida | Filed: May 11, 1994 | Docket: 2481647

Cited 20 times | Published

prevent the imminent commission of a felony. § 776.012, Fla. Stat. (1993). The jury was also instructed

State Farm Fire and Cas. Co. v. Marshall

554 So. 2d 504, 14 Fla. L. Weekly 599, 1989 Fla. LEXIS 1259, 1989 WL 156437

Supreme Court of Florida | Filed: Dec 21, 1989 | Docket: 1319161

Cited 20 times | Published

policy promoting self-defense is evidenced by section 776.012, Florida Statutes (1987), which authorizes

In Re Jury Inst. in Cr. Cases (No. 2005-4)

930 So. 2d 612, 2006 WL 1471998

Supreme Court of Florida | Filed: May 25, 2006 | Docket: 1469355

Cited 19 times | Published

reasonably believes such force is necessary. See § 776.012, Fla. Stat.; Ivester v. State, 398 So.2d 926 (Fla

Mobley v. State

132 So. 3d 1160, 2014 WL 20660, 2014 Fla. App. LEXIS 15

District Court of Appeal of Florida | Filed: Jan 2, 2014 | Docket: 60238326

Cited 18 times | Published

action for the use of such force”); see also § 776.012(1), (2), Fla. Stat. (2013) (providing that a “person

Redondo v. State

380 So. 2d 1107

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 1725628

Cited 16 times | Published

imminent death or great bodily harm to himself... ." § 776.012 Fla. Stat. (1979). Moreover, Florida, in accord

Redondo v. State

380 So. 2d 1107

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 1725628

Cited 16 times | Published

imminent death or great bodily harm to himself... ." § 776.012 Fla. Stat. (1979). Moreover, Florida, in accord

Diaz v. State

387 So. 2d 978

District Court of Appeal of Florida | Filed: Sep 26, 1980 | Docket: 1355950

Cited 15 times | Published

out a prima facie case of self defense under Section 776.012, Florida Statutes (1977). The state presented

Dorsey v. State

74 So. 3d 521, 2011 Fla. App. LEXIS 16361, 2011 WL 4949803

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 2321688

Cited 14 times | Published

warrants a new trial.[2] By way of background, section 776.012, Florida Statutes (2006), provides that a person

Langston v. State

789 So. 2d 1024, 2001 WL 395171

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 1696024

Cited 14 times | Published

374 (Fla. 5th DCA 1985) (as self-defense under § 776.012, Fla.Stat., is an available defense regarding

Ketan Kumar v. Nirav C. Patel

227 So. 3d 557, 2017 WL 4296212

Supreme Court of Florida | Filed: Sep 28, 2017 | Docket: 6159897

Cited 13 times | Published

other’s imminent use of unlawful force. § 776.012(1), Fla. Stat. (2008). 1 Section 776

Murray v. State

937 So. 2d 277, 2006 WL 2612793

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1513128

Cited 13 times | Published

who brought the knife to the fist fight. [7] § 776.012, Fla. Stat. (2005) ("a person is justified in

Stewart v. State

672 So. 2d 865, 1996 WL 164632

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 1763188

Cited 12 times | Published

entitled to an instruction on self-defense. Section 776.012, Florida Statutes (1993), provides as follows:

State v. Holley

480 So. 2d 94, 10 Fla. L. Weekly 627

Supreme Court of Florida | Filed: Dec 12, 1985 | Docket: 1667426

Cited 12 times | Published

enforcement officer, in pari materia with section 776.012, Florida Statutes (Supp. 1974), which provides

Viera v. State

163 So. 3d 602, 2015 Fla. App. LEXIS 5039, 2015 WL 1578849

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2647537

Cited 11 times | Published

threatened use of such force by the person ..." § 776.012(2), Florida Statutes (2014) provides: (2) A person

Little v. State

111 So. 3d 214, 2013 WL 1442150, 2013 Fla. App. LEXIS 5670

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60230777

Cited 11 times | Published

his use of force was permitted in section 776.012(1). Section 776.012(1) authorizes the use of deadly force

Deluge v. State

710 So. 2d 83, 1998 WL 166551

District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 1731506

Cited 11 times | Published

the imminent commission of a forcible felony. § 776.012, Florida Statutes (1995). Nondeadly force may

Larsen v. State

485 So. 2d 1372, 11 Fla. L. Weekly 782

District Court of Appeal of Florida | Filed: Apr 3, 1986 | Docket: 1680814

Cited 11 times | Published

justifiable use of non-deadly force under section 776.012, Florida Statutes (1983); (2) the evidence

Mederos v. State

102 So. 3d 7, 2012 Fla. App. LEXIS 13360, 2012 WL 3238759

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60226756

Cited 10 times | Published

sections 776.013 and 776.032. As amended, section 776.012, Florida Statutes, provides: A person is justified

Toledo v. State

452 So. 2d 661

District Court of Appeal of Florida | Filed: Jul 17, 1984 | Docket: 1517662

Cited 10 times | Published

himself against the imminent use of force, see § 776.012, Fla. Stat. (1981),[2],[3] the proffer here did

In Re Standard Jury Instructions in Criminal Cases-Report No. 2009-01

27 So. 3d 640, 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546

Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 1665256

Cited 9 times | Published

reasonably believes such force is necessary. See § 776.012, Fla. Stat.; Ivester v. State, 398 So.2d 926 (Fla

Spurgeon v. State

114 So. 3d 1042, 2013 WL 2359485, 2013 Fla. App. LEXIS 8593

District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60231720

Cited 8 times | Published

section 784.03(1), Florida Statutes. . See § 776.012, Fla. Stat. (stating that "[a] person is justified

Bartlett v. State

993 So. 2d 157, 2008 WL 4722492

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516286

Cited 8 times | Published

and charging or prosecuting the defendant. Section 776.012, Florida Statutes (2006), states: 776.012 Use

Cruz v. State

971 So. 2d 178, 2007 WL 4547445

District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 1446482

Cited 8 times | Published

another against the imminent use of unlawful force. § 776.012, Fla. Stat. (2004); see also DeLuge v. State,

Standard Jury Inst. in Crim. Cases (2006-3)

947 So. 2d 1159, 32 Fla. L. Weekly Supp. 49, 2007 Fla. LEXIS 119, 2007 WL 174332

Supreme Court of Florida | Filed: Jan 25, 2007 | Docket: 1720507

Cited 8 times | Published

death or great bodily harm. In defense of person. § 776.012, Fla. Stat. Give if applicable. (Defendant) would

Rodriguez v. State

837 So. 2d 1177, 2003 WL 469502

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 537530

Cited 8 times | Published

under the statute on justifiable use of force, § 776.012, Fla. Stat., he was allowed to use deadly force

Garrett v. State

148 So. 3d 466, 2014 Fla. App. LEXIS 12999, 2014 WL 4114334

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 60243524

Cited 7 times | Published

his use of deadly force was justified under section 776.012(1) to prevent Ford’s imminent commission of

Smith v. State

76 So. 3d 379, 2011 Fla. App. LEXIS 20857, 2011 WL 6847813

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 2354446

Cited 7 times | Published

circumstances permitted pursuant to s. 776.013. § 776.012, Fla. Stat. (2009). Another provision states,

Vila v. State

74 So. 3d 1110, 2011 Fla. App. LEXIS 17205, 2011 WL 5138607

District Court of Appeal of Florida | Filed: Oct 28, 2011 | Docket: 2359850

Cited 7 times | Published

denying his requested jury instruction based on section 776.012, Florida Statutes (2010), which provides, in

Berrios v. State

781 So. 2d 455, 2001 WL 219326

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1292919

Cited 7 times | Published

prevent imminent death or great bodily harm. See § 776.012, Fla. Stat. (1999); DeLuge v. State, 710 So.2d

Curington v. State

704 So. 2d 1137, 1998 WL 31493

District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 1354191

Cited 7 times | Published

appropriate, under the circumstances of this case. Section 776.012, Florida Statutes (1993) provides: Use of force

Smiley v. State

395 So. 2d 235

District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 1317867

Cited 7 times | Published

imminent death or great bodily harm to himself. Section 776.012, Fla. Stat.; State v. Coles, 91 So.2d 200 (Fla

Pages v. Seliman-Tapia

134 So. 3d 536, 2014 Fla. App. LEXIS 3620, 39 Fla. L. Weekly Fed. D 543

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60239270

Cited 6 times | Published

was used is a law enforcement officer.... Section 776.012 (“Use of force in defense of person”) provides

Horn v. State

17 So. 3d 836, 2009 Fla. App. LEXIS 12499, 2009 WL 2602222

District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 243150

Cited 6 times | Published

our focus is upon his pending prosecution. Section 776.012, titled "Use of force in defense of person

Jenkins v. State

942 So. 2d 910, 2006 WL 2871859

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 1471203

Cited 6 times | Published

followed by five years' probation. Pursuant to section 776.012, Florida Statutes (2004), a "person is justified

State v. Smiley

927 So. 2d 1000, 2006 WL 929885

District Court of Appeal of Florida | Filed: Apr 12, 2006 | Docket: 1765519

Cited 6 times | Published

imminent commission of a forcible felony, see section 776.012, Florida common law required a duty to retreat

DML v. State

773 So. 2d 1216, 2000 WL 1816602

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1291822

Cited 6 times | Published

such other's imminent use of unlawful force." § 776.012, Fla. Stat. (1999)

EB v. State

531 So. 2d 1053, 1988 WL 103857

District Court of Appeal of Florida | Filed: Oct 11, 1988 | Docket: 2508933

Cited 6 times | Published

defendant who asserts that he acted in self-defense, § 776.012, Fla. Stat. (1985), must lay a proper foundation

Sims v. State

140 So. 3d 1000, 2014 WL 1156296, 2014 Fla. App. LEXIS 4273

District Court of Appeal of Florida | Filed: Mar 24, 2014 | Docket: 60241332

Cited 5 times | Published

claim of self-defense was governed solely by section 776.012, which authorizes “[a] person”— without the

Joseph v. State

103 So. 3d 227, 2012 Fla. App. LEXIS 21415, 2012 WL 6166382

District Court of Appeal of Florida | Filed: Dec 12, 2012 | Docket: 60227012

Cited 5 times | Published

of the evidence. Peterson, 983 So.2d at 29. Section 776.012, Florida Statutes, provides: Use of force in

Solano v. a Navas Party Production, Inc.

728 F. Supp. 2d 1334, 2010 U.S. Dist. LEXIS 74908, 2010 WL 2949606

District Court, S.D. Florida | Filed: Jul 26, 2010 | Docket: 2335795

Cited 5 times | Published

commerce" by virtue of that fact alone. 29 C.F.R. § 776.12 (1950) (internal citations omitted). In Isaacson

State v. Yaqubie

51 So. 3d 474, 2010 Fla. App. LEXIS 8640, 2010 WL 2382583

District Court of Appeal of Florida | Filed: Jun 16, 2010 | Docket: 118165

Cited 5 times | Published

prosecution and civil action for use of such force"); § 776.012, Fla. Stat. (2008) (providing that use of deadly

SJC v. State

906 So. 2d 1115, 2005 WL 1162934

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 1775128

Cited 5 times | Published

such other's imminent use of unlawful force. § 776.012, Fla. Stat. (2003) (emphasis added). The State

Wallace v. State

766 So. 2d 364, 2000 WL 1021575

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 1329888

Cited 5 times | Published

See Weiand v. State, 732 So.2d 1044 (Fla.1999); § 776.012, Fla. Stat. (1997). We therefore find no reversible

State v. Perkins

558 So. 2d 537, 1990 WL 41210

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 1726340

Cited 5 times | Published

entitled to raise the defense of self-defense, § 776.012, Fla. Stat. (1987), to the felony murder charges

Allen v. State

424 So. 2d 101

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 1297632

Cited 5 times | Published

776.051 must be read in pari materia with section 776.012, Florida Statutes, which justifies the use

Amy Young v. Gary S. Borders

850 F.3d 1274, 2017 WL 1020304, 2017 U.S. App. LEXIS 4717

Court of Appeals for the Eleventh Circuit | Filed: Mar 16, 2017 | Docket: 4618558

Cited 4 times | Published

self-defense without the need to retreat. See Fla. Stat. § 776.012(2) (2014). Even in the minority of jurisdictions

State of Florida v. Robert Franklin Floyd

186 So. 3d 1013, 41 Fla. L. Weekly Supp. 85, 2016 Fla. LEXIS 502, 2016 WL 916224

Supreme Court of Florida | Filed: Mar 10, 2016 | Docket: 3043381

Cited 4 times | Published

776 of the Florida Statutes. 2 'Section 776.012, “Use" óf force in defense of person,” discusses

Alexander v. State

121 So. 3d 1185, 2013 WL 5354419, 2013 Fla. App. LEXIS 15243

District Court of Appeal of Florida | Filed: Sep 26, 2013 | Docket: 60234369

Cited 4 times | Published

the imminent commission of a forcible felony[.] § 776.012, Fla. Stat. (2010). The court may not deny a motion

Shehada v. Tavss

965 F. Supp. 2d 1358, 2013 U.S. Dist. LEXIS 126951, 2013 WL 4714049

District Court, S.D. Florida | Filed: Mar 27, 2013 | Docket: 65993516

Cited 4 times | Published

eadlyforee statute. *1377Florida Statutes section 776.012 provides that “a person is justified in the

DML v. State

976 So. 2d 670, 2008 WL 724024

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1274879

Cited 4 times | Published

self-defense to the offense of criminal mischief. Section 776.012, Florida Statutes (2006), provides that "[a]

Byers v. Radiant Group, LLC

966 So. 2d 506, 2007 WL 3034856

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 1271871

Cited 4 times | Published

whether his use of force was justifiable. See § 776.012, Fla. Stat. (2003) (delineating the circumstances

Robbins v. State

891 So. 2d 1102, 2004 WL 2964907

District Court of Appeal of Florida | Filed: Dec 23, 2004 | Docket: 1349800

Cited 4 times | Published

491 So.2d 1129, 1131 (Fla.1986). [4] See also § 776.012, Fla. Stat. (2002); Fla. Std. Jury Instr. (Crim

Quaggin v. State

752 So. 2d 19, 2000 WL 31815

District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 1279666

Cited 4 times | Published

the imminent commission of a forcible felony." § 776.012, Fla. Stat. (1997).

Christian v. State

693 So. 2d 990, 1996 WL 464147

District Court of Appeal of Florida | Filed: Aug 15, 1996 | Docket: 1524474

Cited 4 times | Published

force in defense of person is governed by section 776.012, Florida Statutes, which states: A person is

Habie v. Krischer

642 So. 2d 138, 1994 WL 498397

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 549612

Cited 4 times | Published

based on his reasonable belief. Specifically § 776.012 Fla. Stat. provides that a person is justified

Roofing v. Flemmings

138 So. 3d 524, 2014 WL 1696187, 2014 Fla. App. LEXIS 6260

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240701

Cited 3 times | Published

proceedings consistent with this opinion. See § 776.012, Fla. Stat. (2014); § 776.032(1), Fla. Stat. (2014)

Pitts v. State

989 So. 2d 27, 2008 WL 2468695

District Court of Appeal of Florida | Filed: Jun 20, 2008 | Docket: 1665408

Cited 3 times | Published

another's imminent use of unlawful force. See § 776.012, Fla.Stat. (2005). In his defense, Mr. Pitts asserted

Hernandez v. State

842 So. 2d 1049, 2003 WL 1916699

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1730548

Cited 3 times | Published

Lynch v. State, 293 So.2d 44, 45 (Fla.1974). Section 776.012, Florida Statutes (1997), permits the use of

Adams v. State

727 So. 2d 997, 1999 WL 43521

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1729961

Cited 3 times | Published

committing a forcible felony directed at him. Section 776.012, Florida Statutes (1993), defines self-defense

Andrews v. State

577 So. 2d 650, 1991 WL 43189

District Court of Appeal of Florida | Filed: Mar 28, 1991 | Docket: 1654296

Cited 3 times | Published

out a prima facie case of self defense under Section 776.012, Florida Statutes (1977). The state presented

LISA ANN GRANT v. STATE OF FLORIDA

266 So. 3d 203

District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618621

Cited 2 times | Published

from harm. See Smith, 76 So. 3d at 383. Section 776.012 governs the justifiable use of force in defense

Curtis James Jackson v. State of Florida

253 So. 3d 738

District Court of Appeal of Florida | Filed: Aug 10, 2018 | Docket: 7637774

Cited 2 times | Published

the imminent commission of a forcible felony.” § 776.012(2), Fla. Stat. In most cases, a person in a fist

Eady v. State

229 So. 3d 434

District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6173165

Cited 2 times | Published

defense, which was self-defense pursuant to section 776.012(1), Florida' Statutes (2012). Eady asserts

RENE ST. PIERRE v. STATE OF FLORIDA

228 So. 3d 583, 2017 WL 4280598

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159003

Cited 2 times | Published

correctly points out that the 2012 version of section 776.012 did not require him to prove that he was not

Stephen Lamont Early v. State of Florida

223 So. 3d 1023, 2017 WL 836934, 2017 Fla. App. LEXIS 2893

District Court of Appeal of Florida | Filed: Mar 3, 2017 | Docket: 4613127

Cited 2 times | Published

death or great bodily harm to himself . under section 776.012, Section 776.032(1) provides that a person

Jared Bretherick v. State of Florida

170 So. 3d 766, 40 Fla. L. Weekly Supp. 411, 2015 WL 4112414, 2015 Fla. LEXIS 1470

Supreme Court of Florida | Filed: Jul 9, 2015 | Docket: 2672540

Cited 2 times | Published

— (1) A person who uses force as permitted in § 776.012, § 776.013, or § 776.031[4] is justified in using

Roberts v. State

168 So. 3d 252, 2015 Fla. App. LEXIS 9277, 2015 WL 3777705

District Court of Appeal of Florida | Filed: Jun 18, 2015 | Docket: 60248628

Cited 2 times | Published

activity was a misstatement of the law, because section 776.012(1), Florida Statutes (2009), stated a defendant

Miles v. State

162 So. 3d 169, 2015 Fla. App. LEXIS 1554, 2015 WL 477872

District Court of Appeal of Florida | Filed: Feb 6, 2015 | Docket: 60247437

Cited 2 times | Published

776.013(3) does not negate immunity under section 776.012. Since the trial court’s ruling, our four sister

Bretherick v. State

135 So. 3d 337, 2013 WL 5849486, 2013 Fla. App. LEXIS 17324

District Court of Appeal of Florida | Filed: Nov 1, 2013 | Docket: 60239568

Cited 2 times | Published

the imminent commission of a forcible felony. § 776.012, Fla. Stat. (2011). False imprisonment is defined

K.S.H. v. State

56 So. 3d 122, 2011 Fla. App. LEXIS 3158

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298522

Cited 2 times | Published

factfinder’s determination. Banks, 732 So.2d at 1067. Section 776.012, Florida Statutes (2010), provides: A person

Drewes v. Levin (In Re Levin)

434 B.R. 910

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 3, 2010 | Docket: 1821590

Cited 2 times | Published

constituted lawful force pursuant to Fla. Stat. § 776.012; (3) justifiable use of force necessary to prevent

State v. James

867 So. 2d 414, 2003 WL 22956113

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1722426

Cited 2 times | Published

So.2d 1044, 1049 (Fla. 1999). Specifically, section 776.012, Florida Statutes (1995), provides that "a

James Waters v. State of Florida

267 So. 3d 538

District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14819618

Cited 1 times | Published

to pursue a Stand Your Ground defense under section 776.012, Florida Statutes (2012); failing to move to

Davis v. City of Apopka

356 F. Supp. 3d 1366

District Court, M.D. Florida | Filed: Dec 21, 2018 | Docket: 64322443

Cited 1 times | Published

or great bodily harm to himself." Fla. Stat. § 776.012(2). As a consequence, an officer "may not arrest

State of Florida v. Peter Peraza

259 So. 3d 728

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402523

Cited 1 times | Published

777 , 778 (Fla. 1st DCA 1968) ). Section 776.012, part of the Stand Your Ground law, provides

Blair Alexandria Edwards v. State of Florida

257 So. 3d 586

District Court of Appeal of Florida | Filed: Oct 16, 2018 | Docket: 8034495

Cited 1 times | Published

the use of force is justified pursuant to section 776.012, Florida Statutes. At the motion hearing

Andujar-Ruiz v. State

205 So. 3d 803, 2016 Fla. App. LEXIS 17021

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539033

Cited 1 times | Published

not precluded from seeking immunity under section 776.012, Florida Statutes (2011),3 even though the

Pierce v. State

198 So. 3d 1051, 2016 Fla. App. LEXIS 12453, 2016 WL 4380074

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256389

Cited 1 times | Published

codified in sections 776.012 and 776.013. Section 776.012, Florida Statutes (2010) (amended 2014), provides:

Pierce v. State

198 So. 3d 1051, 2016 Fla. App. LEXIS 12453, 2016 WL 4380074

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256389

Cited 1 times | Published

codified in sections 776.012 and 776.013. Section 776.012, Florida Statutes (2010) (amended 2014), provides:

Cook v. State

192 So. 3d 681, 2016 WL 3125471, 2016 Fla. App. LEXIS 8475

District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3069710

Cited 1 times | Published

order must be affirmed. Cook relies on section 776.012(1), Florida Statutes (2010), which provides

In Re Standard Jury Instructions in Criminal Cases—report No. 2014-06

191 So. 3d 411, 2016 WL 2586287

Supreme Court of Florida | Filed: May 5, 2016 | Docket: 3061091

Cited 1 times | Published

[or] [threat of force] is necessary. See § 776.012, Fla. Stat.; Ivester v. State, 398 So.2d 926 (Fla

Manuel Navarro v. State of Florida

190 So. 3d 212, 2016 WL 1688319, 2016 Fla. App. LEXIS 6421

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3062287

Cited 1 times | Published

law regarding a lack of a duty to retreat. Section 776.012, Florida Statutes (2013), i.e., the “stand

State of Florida v. James Patrick Wonder

162 So. 3d 59, 2014 WL 3928449, 2014 Fla. App. LEXIS 12423

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 936948

Cited 1 times | Published

because the motion to dismiss was based on section 776.012, and not 776.013. Nevertheless, the court determined

Harvey M. Hill v. State

143 So. 3d 981, 2014 WL 3434445, 2014 Fla. App. LEXIS 10884

District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 2206

Cited 1 times | Published

again moved to dismiss, but this time cited section 776.012(1) as the basis for claiming justifiable use

Hardison v. State

138 So. 3d 1130, 2014 WL 1921734, 2014 Fla. App. LEXIS 7171

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60240496

Cited 1 times | Published

Two statutory provisions are relevant here. Section 776.012, Florida Statutes, entitled “Use of force in

State v. Wonder

128 So. 3d 867, 2013 WL 6479037

District Court of Appeal of Florida | Filed: Dec 11, 2013 | Docket: 60237183

Cited 1 times | Published

because the motion to dismiss was based on section 776.012, and not 776.013. Nevertheless, the court determined

Tover v. State

106 So. 3d 958, 2013 WL 238168, 2013 Fla. App. LEXIS 931

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60228504

Cited 1 times | Published

the other vehicle) in defense of himself. See § 776.012(2), Fla. Stat. (2012) (permitting use of deadly

KSH v. State

56 So. 3d 122, 2011 WL 804031

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 2363995

Cited 1 times | Published

factfinder's determination. Banks, 732 So.2d at 1067. Section 776.012, Florida Statutes (2010), provides: A person

Cromartie v. State

1 So. 3d 340, 2009 Fla. App. LEXIS 486, 2009 WL 160310

District Court of Appeal of Florida | Filed: Jan 26, 2009 | Docket: 60224849

Cited 1 times | Published

the imminent commission of a forcible felony[J § 776.012, Fla. Stat. (2005). The jury was properly instructed

Cardona v. State

997 So. 2d 524, 2009 WL 18679

District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 2578434

Cited 1 times | Published

admissible." § 90.402, Fla. Stat. (2007). Section 776.012 authorizes the use of non-deadly force against

D.M.L. v. State

976 So. 2d 670, 2008 Fla. App. LEXIS 3868

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 64854100

Cited 1 times | Published

self-defense to the offense of criminal mischief. Section 776.012, Florida Statutes (2006), provides that “[a]

FS v. State

973 So. 2d 662, 2008 WL 314027

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 494543

Cited 1 times | Published

COPE, and RAMIREZ, JJ. PER CURIAM. Affirmed. § 776.012, § 784.03, Fla. Stat. (2007); R.I. v. State, 561

Wilson v. State

971 So. 2d 963, 2008 WL 34808

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1446867

Cited 1 times | Published

is necessary to prevent great bodily harm. See § 776.012, Fla. Stat. (2004);[1]Berrios v. State, 781 So

GARRELL v. State

972 So. 2d 240, 2007 WL 4462985

District Court of Appeal of Florida | Filed: Dec 21, 2007 | Docket: 1160221

Cited 1 times | Published

the justifiable use of force as codified by section 776.012, from a person who acts in one of two ways:

Testerman v. State

966 So. 2d 1035, 2007 WL 3170281

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 1270542

Cited 1 times | Published

prevent imminent death or great bodily harm. § 776.012, Fla. Stat. (2006). The defense explained that

Testerman v. State

966 So. 2d 1035, 2007 WL 3170281

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 1270542

Cited 1 times | Published

prevent imminent death or great bodily harm. § 776.012, Fla. Stat. (2006). The defense explained that

D.M.L. v. State

773 So. 2d 1216, 2000 Fla. App. LEXIS 16217

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64802566

Cited 1 times | Published

such other's imminent use of unlawful force.” § 776.012, Fla. Stat. (1999)

Howard v. Moore

730 So. 2d 800, 1999 Fla. App. LEXIS 4182, 1999 WL 174260

District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 64787652

Cited 1 times | Published

under chapter 776. § 782.07, Fla.Stat. (1993). Section 776.012 provides that the use of deadly force may be

Robert K. Bavle v. State of Florida

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71275653

Published

reasonable probability of a different result. Section 776.012(2), Florida Statutes (2017), marks the boundaries

Ivin Spencer v. State of Florida

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71259166

Published

in a place where he or she has a right to be.” § 776.012(2), Fla. Stat. A defendant need only raise a prima

Michael L. Harris, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890933

Published

the imminent commission of a forcible felony.” § 776.012(2), Fla. Stat. (2023) (emphasis added). Florida

Michael L. Harris, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890933

Published

the imminent commission of a forcible felony.” § 776.012(2), Fla. Stat. (2023) (emphasis added). Florida

Corey Stephen Smith v. State of Florida

District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 70650233

Published

this portion of the instruction implements Section 776.012(2), Florida Statutes (2014), entitled, “Use

Corey Stephen Smith v. State of Florida

District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 70650233

Published

this portion of the instruction implements Section 776.012(2), Florida Statutes (2014), entitled, “Use

Corey Stephen Smith v. State of Florida

District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 70650233

Published

this portion of the instruction implements Section 776.012(2), Florida Statutes (2014), entitled, “Use

Miguel Antonio Martin v. State of Florida

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454068

Published

their person as permitted by section 776.012, Florida Statutes. Section 776.012, in turn, provides:

Demond Lavette Moore v. State of Florida

District Court of Appeal of Florida | Filed: May 2, 2025 | Docket: 70061712

Published

immune from criminal prosecution . . . .” Section 776.012, Florida Statute (2023), provides:

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

death or great bodily harm to himself under section 776.012(2), Florida Statutes. At the evidentiary

State of Florida v. Alejandro Argerich

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69833935

Published

prevent imminent death or great bodily harm.” § 776.012(2), Fla. Stat. (2021); see also § 776.032(1) Fla

Grady C. Judd, Sheriff of Polk County v. Christina Haegele, as Personal Representative of the Estate of Chance Haegele

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69808615

Published

Judd and the Deputies answered that under section 776.012(2), Florida Statutes (2017), the Deputies were

Pierce Nelson Hoempler v. State of Florida

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793422

Published

immune from criminal prosecution . . . .” Section 776.012(2), in turn, provides, A person is justified

Nima Moradi v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2025 | Docket: 69533867

Published

(Fla. July 24, 2024). 5 See also § 776.012(2), Fla. Stat. (2012) (“[A] person is justified

United States v. Reginald Graham

Court of Appeals for the Eleventh Circuit | Filed: Dec 2, 2024 | Docket: 66744898

Published

Argued: Jan 19, 2023

Court 19-10332 Stat. § 776.012(2) (2021). The determination of whether the force

D.K.T., a Juvenile v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324302

Published

BOKOR, JJ. PER CURIAM. Affirmed. See § 776.012(1), Fla. Stat. (2023) (providing in pertinent

Cassanova Gabriel v. State of Florida

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69266246

Published

dismiss the prosecution based on immunity under section 776.012(2), Florida Statutes (2022) (providing for

Brandon Lee Cowins v. State of Florida

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151390

Published

imminent commission of a forcible felony.” § 776.012(2), Fla. Stat. (2015). “The conduct of a

JOSE MIKE ESPICHAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68340291

Published

So. 3d 738, 740 (Fla. 1st DCA 2018) (quoting § 776.012(2), Fla. Stat.); see also § 782.02, Fla. Stat

United States v. Gretchen Buselli

Court of Appeals for the Eleventh Circuit | Filed: Jul 11, 2024 | Docket: 68305355

Published

Argued: Mar 6, 2024

of a forcible felony.” See Fla. Stat. § 776.012(2) (emphasis added); Fla. Std. Jury Instr. (Crim)

Smith v. State of Florida

District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867479

Published

is entitled to self-defense immunity under section 776.012(2), Florida Statutes (2020). We agree, and

Nicol Maslo v. The State of Florida

District Court of Appeal of Florida | Filed: May 21, 2024 | Docket: 68549997

Published

facie claim of self-defense immunity. 1 Section 776.012(1) provides as follows: (1) A person

CARLOS LORENZO GONZALEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 19, 2024 | Docket: 68452489

Published

740 (Fla. 1st DCA 2018) (citing Fla. Stat. § 776.012(2)). However, “[i]n most cases, a person in a

Katina Paese v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290564

Published

interference with” a person’s personal property. Compare § 776.012(1), Fla. Stat. (2020), and § 776.013(1)(a), Fla

BRENDAN SIGISMONDI v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63591352

Published

aggressor during the altercation on August 26. § 776.012(2), Fla. Stat. (2014) (providing a justification

Timothy Davis, Sr. v. City of Apopka

Court of Appeals for the Eleventh Circuit | Filed: Aug 28, 2023 | Docket: 60125282

Published

Argued: Aug 11, 2021

wounding or killing him. See Fla. Stat. § 776.012(2) (providing that a person’s use of deadly

RICHARD BURNS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419170

Published

the imminent commission of a forcible felony.” § 776.012(2), Fla. Stat. (2020).

ERIC DAVID ZANGRONIZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 67105039

Published

228 F.3d 689, 700 (6th Cir. 2000))); see also § 776.012(1), Fla. Stat. (“A person is justified in using

THE STATE OF FLORIDA v. EMILIO QUEVEDO

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012398

Published

prosecution provided in subsection (1). Section 776.012(2), Florida Statutes (2020) provides:

STATE OF FLORIDA vs CILVIS C. WOODSON

District Court of Appeal of Florida | Filed: Oct 14, 2022 | Docket: 65417094

Published

dismiss based on the Stand Your Ground law. Section 776.012(1), Florida Statutes (2019), states in pertinent

THE STATE OF FLORIDA v. GARY CHARLES MOORE II

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127983

Published

justifiable use of force are met.”) Section 776.012(2), Florida Statutes (2016) (“Use or threatened

Roy P. Boston v. State of Florida

Supreme Court of Florida | Filed: Oct 7, 2021 | Docket: 60630463

Published

or s. 776.031.” Id. Relevant to this case, section 776.012 provides: (1) A person is justified

RYAN DENARD LEE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 7, 2021 | Docket: 60041115

Published

justifiable use of deadly force pursuant to section 776.012, Florida Statutes, rather than the version

JEREMY BETHEA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954655

Published

elements of self-defense in either section 776.012, 776.013, or 776.031. If the trial court

ANTHONY JOSEPH VALDES v. State

District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819915

Published

(citing § 776.032(1), Fla. Stat. (2017)); see also § 776.012(2), Fla. Stat. (2017). Under the statute, a criminal

STATE OF FLORIDA v. MICHAEL EDWARD CASSADAY

District Court of Appeal of Florida | Filed: Mar 10, 2021 | Docket: 59719239

Published

the elements of self-defense in either section 776.012, 776.013, or 776.031. If the trial court

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-01

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761659

Published

dwelling and had the right to be there while § 776.012(1), and §776.031(2), Fla. Stat., cover other situations

Tashara Love v. State of Florida

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761650

Published

to a reasonable belief that 2. Section 776.012(2), Florida Statutes (2019), provides in part:

MAX GARCIA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523188

Published

in sections 776.012, 776.013, or 776.031. Section 776.012(1) authorizes the use of nondeadly force when

ELTON BOLDUC v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 4, 2019 | Docket: 16151326

Published

Bolduc's self-defense theory was based on section 776.012(1), Florida Statutes (2011), governing use

Amos Moorer v. State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2019 | Docket: 15953784

Published

Fla. Std. Jury Instr. (Crim.) 3.6(f); see also § 776.012(2), Fla. Stat. (2016) (“A * In 2018, the

William H. Fletcher v. State of Florida

273 So. 3d 1187

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762806

Published

accordance with section 776.012(2), Florida Statutes. § 776.032(1), Fla. Stat. Section 776.012(2), allows

Corry Mency v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762815

Published

bodily harm to the person or to another person. § 776.012, Fla. Stat. Self- defense was and is an affirmative

TREVOR DOOLEY v. STATE OF FLORIDA

268 So. 3d 880

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865430

Published

limitation on the defense available under section 776.012(1). Because the instruction failed to distinguish

State of Florida v. Peter Peraza

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 14544802

Published

212 So. 2d 777, 778 (Fla. 1st DCA 1968)). Section 776.012, part of the Stand Your Ground law, provides

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-07 – Corrected Opinion

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347874

Published

dwelling and had the right to be there while § 776.012(1), and §776.031(2), Fla. Stat., cover other situations

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-07.

257 So. 3d 908

Supreme Court of Florida | Filed: Nov 21, 2018 | Docket: 8221109

Published

dwelling and had the right to be there while § 776.012(1), and § 776.031(2), Fla. Stat., cover other

Bruce Fuller v. State

257 So. 3d 521

District Court of Appeal of Florida | Filed: Sep 24, 2018 | Docket: 7989232

Published

circumstances involved in the shooting fell under section 776.012 rather than 776.013. See Miles v. State, 162

DANIEL MEDINA v. STATE OF FLORIDA

254 So. 3d 1148

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804267

Published

defender was not engaged in unlawful activity. Section 776.012(1), Florida Statutes (2013) lacked the unlawful

PATRICK MICHAEL LANGEL v. STATE OF FLORIDA

255 So. 3d 359

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804261

Published

prevent imminent death or great bodily harm.” See § 776.012(2), Fla. Stat. Nor did he show that the use of

RONALD HIGHT, JR. v. STATE OF FLORIDA

253 So. 3d 1137

District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619144

Published

to retreat before using force in self-defense. § 776.012(1), Fla. Stat.; Kumar v. Patel, 227 So. 3d 557

Bailey v. State

246 So. 3d 555

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862846

Published

immune from prosecution pursuant to § 776.032 and § 776.012.” The instant petition followed. While

STATE OF FLORIDA v. RODNEY CHAVERS

230 So. 3d 35

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6223865

Published

... § 776.032(1), Fla. Stat. (2016). Section 776.012(2), provides: (2) A person is justified

CATHERINE M. PILEGGI v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219444

Published

“Stand Your Ground” law. As it read in 2010, section 776.012 of Florida’s Stand Your Ground law stated,

STATE OF FLORIDA v. PETER PERAZA

226 So. 3d 937, 2017 Fla. App. LEXIS 12472, 2017 WL 3730352

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145379

Published

05(1), Florida Statutes (2013). In 2013, section 776.012(1) provided: [A] person is justified in

Victoria A. Reid v. State

213 So. 3d 1110, 2017 WL 1102931, 2017 Fla. App. LEXIS 3905

District Court of Appeal of Florida | Filed: Mar 23, 2017 | Docket: 4667174

Published

prosecution,” § 776.032(1), Fla. Stat. (2016). Section 776.012, Florida Statutes (2016), further provides

State v. Anthony M. Jackson

204 So. 3d 958, 2016 Fla. App. LEXIS 17109

District Court of Appeal of Florida | Filed: Nov 10, 2016 | Docket: 4540781

Published

or great bodily harm to himself or herself.” § 776.012(2), Fla. Stat. (2007). Jackson admitted that he

Marty v. State

210 So. 3d 121, 2016 Fla. App. LEXIS 13927

District Court of Appeal of Florida | Filed: Sep 16, 2016 | Docket: 4422973

Published

the imminent commission of a forcible felony.” § 776.012(2). However, nondeadly force may be used when

Dooley v. State

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3057069

Published

did not preclude his claim of immunity under section 776.012(1)).2 Dooley argues that the erroneous instruction

Rudin v. State

182 So. 3d 724, 2015 Fla. App. LEXIS 19106, 2015 WL 9287023

District Court of Appeal of Florida | Filed: Dec 22, 2015 | Docket: 60252812

Published

in place .where he or she has a right to be. § 776.012(2), Fla. Stat. (2014). Section 776.032 provides

Ford v. State

172 So. 3d 1003, 2015 Fla. App. LEXIS 13186, 2015 WL 5164901

District Court of Appeal of Florida | Filed: Sep 3, 2015 | Docket: 60250000

Published

that “a defendant could assert immunity under section 776.012 even if he or she was engaged in an unlawful

Robinson v. State

175 So. 3d 887, 2015 Fla. App. LEXIS 13128, 2015 WL 5164873

District Court of Appeal of Florida | Filed: Sep 3, 2015 | Docket: 60250676

Published

claim justifiable use of deadly force under section 776.012(1), Florida Statutes,1 even if he was engaged

Wyche v. State

170 So. 3d 898, 2015 Fla. App. LEXIS 11042, 2015 WL 4464474

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679141

Published

013, and 776.041 of the Florida Statutes. Section 776.012 is titled “Use of force in defense of person”

Arauz v. State

171 So. 3d 160, 2015 Fla. App. LEXIS 11036, 2015 WL 4470032

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679152

Published

defendant to be immune from prosecution under section 776.12(2). Id. at 460. See also State

Jefrey Rosario v. State of Florida

165 So. 3d 852

District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2663944

Published

that his use of force was justified under section 776.012, Florida Statutes (2011), because he reasonably

Arauz v. State

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2658327

Published

defendant to be immune from prosecution under section 776.12(2). Id. at 460. See also State v. Yaqui, 51

James Wyatt McGriff v. State of Florida

160 So. 3d 167

District Court of Appeal of Florida | Filed: Apr 7, 2015 | Docket: 2647625

Published

incorrect statement of then-existing law. Section 776.012(1), Florida Statutes (2010) — the sole statute

Mayo v. State

159 So. 3d 917, 2015 Fla. App. LEXIS 2746, 2015 WL 806900

District Court of Appeal of Florida | Filed: Feb 27, 2015 | Docket: 60246706

Published

engagement in unlawful activity did not exist under section 776.012(1), Florida Statutes, at the time that Mayo

James Wyatt McGriff v. State of Florida

District Court of Appeal of Florida | Filed: Feb 2, 2015 | Docket: 2630636

Published

incorrect statement of then-existing law. Section 776.012(1), Florida Statutes (2010) – the sole statute

John Thomas Dorsey v. State

149 So. 3d 144, 2014 Fla. App. LEXIS 15623, 2014 WL 4996171

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1432448

Published

duty to retreat. Defendant claims that under section 776.012(1), Florida Statutes (2012), he had no duty

Luis Rios v. State

143 So. 3d 1167, 2014 WL 3928417, 2014 Fla. App. LEXIS 12432

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 936949

Published

erred in giving this jury instruction and that section 776.012(1), a part of the Stand Your Ground law, was

Brown v. State

135 So. 3d 1160, 2014 WL 1612649, 2014 Fla. App. LEXIS 5853

District Court of Appeal of Florida | Filed: Apr 22, 2014 | Docket: 60239451

Published

that his or her use of force was permitted by section 776.012; by section 776.013; or by section 776.031

M.S. v. State

88 So. 3d 238, 2011 Fla. App. LEXIS 16505, 2011 WL 4949981

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60308205

Published

herself from “imminent use of unlawful force.” See § 776.012, Fla. Stat (2010); S.J.C. v. State, 906 So.2d

Ralph J. Penley v. Donald F. Eslinger

Court of Appeals for the Eleventh Circuit | Filed: May 3, 2010 | Docket: 2907407

Published

law, “[a] person who uses force as permitted in § 776.012 . . . is justified in using such force and is

Attardo v. State

993 So. 2d 139, 2008 Fla. App. LEXIS 16445, 2008 WL 4681172

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 64856252

Published

and circumstances surrounding the shooting. See § 776.012, Fla. Stat. (2006). The errors asserted in the

Hill v. State

979 So. 2d 1134, 2008 WL 1733282

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1714173

Published

the imminent commission of a forcible felony." § 776.012, Fla. Stat. (2000)[1] (emphasis added). The defendant

F.S. v. State

973 So. 2d 662, 2008 Fla. App. LEXIS 1414

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 64853707

Published

PER CURIAM. Affirmed. § 776.012, § 784.03, Fla. Stat. (2007); R.I. v. State, 561 So.2d 26 (Fla. 3d DCA

State v. Hull

933 So. 2d 1279, 2006 WL 2088390

District Court of Appeal of Florida | Filed: Jul 28, 2006 | Docket: 1712287

Published

such other's imminent use of unlawful force." § 776.012, Fla. Stat. (2003). Although Hull argues that

K.W.S. v. State

924 So. 2d 80, 2006 Fla. App. LEXIS 2458, 2006 WL 435803

District Court of Appeal of Florida | Filed: Feb 24, 2006 | Docket: 64843107

Published

motion for judgment of dismissal1, we reverse. Section 776.012, Florida Statutes (2004), authorizes a person

S.J.C. v. State

906 So. 2d 1115, 2005 Fla. App. LEXIS 7220

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64839596

Published

such other’s imminent use of unlawful force. § 776.012, Fla. Stat. (2003) (emphasis added). The State

Pollock v. State

818 So. 2d 654, 2002 Fla. App. LEXIS 8253, 2002 WL 1284671

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 64815727

Published

in order for the shooting to be justified. Section 776.012, Florida Statutes (2000), states: A person

Wilson v. State

765 So. 2d 950, 2000 Fla. App. LEXIS 11067, 25 Fla. L. Weekly Fed. D 2083

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 64799928

Published

the imminent commission of a forcible felony.” § 776.012, Fla. Stat. (1995). Florida law also permits the

Marmol v. State

750 So. 2d 764, 2000 Fla. App. LEXIS 1051, 2000 WL 140170

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64794760

Published

weapon.2 The defendant was no longer in danger. Section 776.012, Florida Statutes (1997), defines the justifiable

Smith v. Florida Department of Corrections

752 So. 2d 59, 2000 Fla. App. LEXIS 923, 2000 WL 125937

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 64795401

Published

infringes on a right to act in self-defense. See § 776.012, Fla. Stat. (1997) (“A person is justified in

Howard v. State

711 So. 2d 233, 1998 Fla. App. LEXIS 5943, 1998 WL 263970

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64781087

Published

force against co-defendant Smith, pursuant to section 776.012, Florida Statutes (1997). Smith’s statement

Hardison v. FLORIDA AGR. AND MECHANICAL UNIVERSITY

706 So. 2d 111, 1998 Fla. App. LEXIS 1645, 1998 WL 69131

District Court of Appeal of Florida | Filed: Feb 23, 1998 | Docket: 1682496

Published

BENTON and PADOVANO, JJ., concur. NOTES [1] Section 776.012, Florida Statutes (1995), provides: "A person

Schlotterlein v. State

683 So. 2d 568, 1996 Fla. App. LEXIS 11378, 1996 WL 629801

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 64769337

Published

(1993). . § 790.15, Fla.Stat. (1993). . Section 776.012, Florida Statutes (1993), provides: 776.012

Keith v. State

614 So. 2d 560, 1993 Fla. App. LEXIS 1521, 1993 WL 30645

District Court of Appeal of Florida | Filed: Feb 8, 1993 | Docket: 64694599

Published

other’s imminent use of unlawful force. See section 776.012, Florida Statutes (1991). While Florida law

Dawson v. State

597 So. 2d 924, 1992 Fla. App. LEXIS 4643, 1992 WL 81437

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 64666865

Published

dwelling house occupied by him. In comparison, section 776.012, Florida Statutes, provides that one is justified

Radillo v. State

582 So. 2d 634, 1991 Fla. App. LEXIS 373, 1991 WL 4327

District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 64660127

Published

charged on the justifiable use of deadly force. See § 776.012, Fla.Stat. (1989). There is no necessity for retrial

Bright v. State

555 So. 2d 1284, 1990 Fla. App. LEXIS 175, 1990 WL 2077

District Court of Appeal of Florida | Filed: Jan 16, 1990 | Docket: 64647712

Published

entitled to use such force in self defense under Section 776.012, Florida Statutes (1987), given the above-stated

E.B. v. State

531 So. 2d 1053, 13 Fla. L. Weekly 2310, 1988 Fla. App. LEXIS 4511

District Court of Appeal of Florida | Filed: Oct 11, 1988 | Docket: 64637393

Published

defendant who asserts that he acted in self-defense, § 776.012, Fla.Stat. (1985), must lay a proper foundation

Shannon v. State

463 So. 2d 589, 10 Fla. L. Weekly 465, 1985 Fla. App. LEXIS 12504

District Court of Appeal of Florida | Filed: Feb 20, 1985 | Docket: 64609914

Published

to use force in defense of his person under section 776.012. This issue was addressed in Ivester v. State

Jones v. State

429 So. 2d 396, 1983 Fla. App. LEXIS 18940

District Court of Appeal of Florida | Filed: Mar 29, 1983 | Docket: 64596286

Published

would have been relevant to the defense. Under Section 776.012, Florida Statutes, a person always has the

E.C. v. State

426 So. 2d 1292, 1983 Fla. App. LEXIS 18712

District Court of Appeal of Florida | Filed: Feb 22, 1983 | Docket: 64595181

Published

State, 252 So.2d 243 (Fla. 4th DCA 1981). See § 776.-012, Fla.Stat. (1981). Because the substance of the