776.012
Use or threatened use of force in defense of person.
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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.
Notes of Decisions
Cited in 265
cases (75 in the last 5 years), 1978–2026 · leading case: Little v. State
Little v. State (2013)
“Section 776.012, Florida Statutes (2004), permitted the use of deadly force if a person “reasonably believes that such, force is necessary' *220 to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible…”
Harvey M. Hill v. State (2014)
“(West) (to be codified at § 776.012, Fla. Stat.). The effective date of the new amendment is June 20, 2014.”
Garrett v. State (2014)
“We note that section 776.012, Florida Statutes (2011), has since been amended to include the "unlawful activity” preclusion contained in 776.”
Timothy Davis, Sr. v. City of Apopka (2023)
“A panel of this Court re- manded the case for the district court to address in the first instance Davis’ argument that, in light of Florida’s “Stand Your Ground” law, Fla. Stat. §§ 776.012 (2), 776.032, the officers lacked actual prob- able cause to arrest him because his use of…”
Wyche v. State (2015)
“§ 776.012, Fla. Stat. (2010).2 2 The Florida Legislature passed a new version of §776.”
John Thomas Dorsey v. State (2014)
“3 (citing § 776.012, Fla. Stat. (2014)). Thus, defendant would not get the benefit of Stand Your Ground under the amendment.”
Hill v. State (1996)
“Hill's memorandum in opposition did not directly address the State's argument but instead argued that Hill was entitled to present this evidence to establish the statutory defense found in section 776.012, Florida Statutes (1993), entitled "Use of force in defense of person.”
Andujar-Ruiz v. State (2016)
“2d DCA 2013), in which this court held that a defendant engaged in unlawful activity is not precluded from seeking immunity under section 776.012, Florida Statutes (2011),3 even though the same unlawful activity would prevent him or her from obtaining the immunity under section…”
In Re Standard Jury Inst. in Crim. Cases No. 2007-03 (2008)
“See § 776.012, Fla. Stat.; Ivester v. State, 398 So.”
State of Florida v. Robert Franklin Floyd (2016)
“§ 776.012, Fla. Stat. (2010) (emphasis supplied).”
TREVOR DOOLEY v. STATE OF FLORIDA (2019)
“032(1) expressly provides for immunity based on the use of force as permitted in section 776.012. Id. at 219-21. We concluded in Little that while the defendant's status of being a felon in illegal possession of a firearm may have precluded him from availing himself of the…”
Roberts v. State (2015)
“§ 776.012, Fla. Stat. (2009). Section 776.”
— 776.012(1) — 53 cases
Little v. State (2013)
“Section 776.012, Florida Statutes (2004), permitted the use of deadly force if a person “reasonably believes that such, force is necessary' *220 to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible…”
Harvey M. Hill v. State (2014)
“(West) (to be codified at § 776.012, Fla. Stat.). The effective date of the new amendment is June 20, 2014.”
TREVOR DOOLEY v. STATE OF FLORIDA (2019)
“032(1) expressly provides for immunity based on the use of force as permitted in section 776.012. Id. at 219-21. We concluded in Little that while the defendant's status of being a felon in illegal possession of a firearm may have precluded him from availing himself of the…”
Garrett v. State (2014)
“We note that section 776.012, Florida Statutes (2011), has since been amended to include the "unlawful activity” preclusion contained in 776.”
Andujar-Ruiz v. State (2016)
“2d DCA 2013), in which this court held that a defendant engaged in unlawful activity is not precluded from seeking immunity under section 776.012, Florida Statutes (2011),3 even though the same unlawful activity would prevent him or her from obtaining the immunity under section…”
— 776.012(2) — 56 cases
Little v. State (2013)
“Section 776.012, Florida Statutes (2004), permitted the use of deadly force if a person “reasonably believes that such, force is necessary' *220 to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible…”
Viera v. State (2015)
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