CopyCited 254 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 18160, 2004 WL 1902727
...Under Florida law,
even a private actor is justified in the use of deadly force if he reasonably believes
that such force is necessary to prevent imminent death or great bodily harm to
himself or to prevent the imminent commission of a forcible felony. See Fla. Stat.
§ 776.012.
The burden then shifts to Kesinger’s estate to establish that Herrington
violated Kesinger’s constitutional rights....
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CopyCited 180 times | Published | Court of Appeals for the Eleventh Circuit
...ny instruction
the trial court gave was erroneous. Under Florida law a person is justified in using
deadly force if he reasonably believes that it is necessary to prevent “imminent
death or great bodily harm to himself” or another. Fla. Stat. § 776.012(2)....
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CopyCited 180 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 9106, 2010 WL 1741557
...Penley
and noted that the Penleys failed to present any evidence that would negate the
lieutenant’s privilege. It therefore granted summary judgment to Lieutenant
Weippert and Sheriff Eslinger as to the Penleys’ state law claims.
Under Florida law, “[a] person who uses force as permitted in §
776.012 . . .
is justified in using such force and is immune from criminal prosecution and civil
action for the use of such force.” Fla. Stat. §
776.032. Section
776.012 of the
Florida Statutes in turn establishes that individuals have no duty to retreat before
using deadly force. Id. §
776.012. However, the statute limits the justifiable use of
deadly force to instances in which the actor “reasonably believes that such force is
necessary to prevent imminent death or great bodily harm to himself or herself or
another.” Id. §
776.012(1).
As discussed at length above, Lieutenant Weippert’s conduct was
objectively reasonable and he had probable cause to believe that Mr....
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CopyCited 58 times | Published | Supreme Court of Florida | 2007 WL 1628111
...[1] The Fourth District determined that "[n]othing in the legislation indicates an intent to apply the abrogation of the common law retroactively." Id. at 1003. The Fourth District further reasoned that section
776.013 made a substantive change to section
776.012, Florida Statutes (2004), and it therefore would be a violation of article X, section 9 of the Florida Constitution for section
776.013 to be given retroactive application....
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CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...It is a defense to the offense with which (defendant) is charged if the [injury to] (victim) resulted from the justifiable use of force not likely to cause death or great bodily harm. In defense of (Defendant) would be justified in using force not likely to person F.S. cause death or great bodily harm against (victim) if the 776.012 following two facts are proved: Give if 1....
...ntinued or resumed the use of force. Force in A person is not justified in using force to resist an arrest resisting by a law enforcement officer who is known, to be or reasonably arrest appears to be a law enforcement officer. F.S.
776.051(1) and F.S.
776.012 Give if However, if an officer uses excessive force to make an applicable arrest, then a person is justified in the use of reasonable force [Page A-5] *1183 See Ivester to defend [himself] [herself] ([or another)], but only to v. State, the extent [he] [she] reasonably believes such force
398 So.2d 926 is necessary. (Fla. 1st DCA 1981); Jackson v. State,
463 So.2d 372 (Fla. 5th DCA 1985). In some instances, the instructions applicable to F.S.
776.012,
776.031 or
776.041 may need to be given in connection with this instruction....
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CopyCited 45 times | Published | Supreme Court of Florida | 1999 WL 125522
...THE PRIVILEGE OF NONRETREAT FROM THE RESIDENCE Under Florida statutory and common law, a person may use deadly force in self-defense if he or she reasonably believes that deadly force is necessary to prevent imminent death or great bodily harm. See § 776.012, Fla....
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CopyCited 72 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 557, 1985 Fla. LEXIS 3922
...This new instruction would take the place of the ones on that subject which no appear on page 43 and page 75. The reason for this new instruction is to reflect the rulings in Ivester v. State,
398 So.2d 926 (Fla. 1st DCA 1981), and Jackson v. State,
463 So.2d 372 (Fla. 5th DCA 1985), which hold that in light of section
776.012 our current instruction is incorrect....
...any attempt to commit (applicable felony) in any dwelling house occupied by him. Give if A person is justified in using force likely applicable to cause death or great bodily harm if he reasonably F.S. believes that such force is necessary to prevent 776.012, .031 1....
...nt) continued or resumed the use of force. Force in resisting A person is not justified in using force arrest to resist an arrest by a law enforcement officer who is known, or reasonably appears to be F.S.
776.051(1) and a law enforcement officer. F.S.
776.012 Give if applicable However, if an officer uses excessive force to make an arrest, then a person is justified See Ivester v....
...State, in the use of reasonable force to defend himself
398 So.2d 926 (Fla. (or another), but only to the extent he 1st DCA 1981); Jackson reasonably believes such force is necessary. v. State,
463 So.2d 372 (Fla. 5th DCA 1985). In some instances, the instructions applicable to F.S.
776.012,
776.031 or
776.041 may need to be given in connection with this instruction....
...lted from the justifiable use of force not likely to cause death or great bodily harm. In defense (Defendant) would be justified in using of person force not likely to cause death or great bodily F.S. harm against (victim) if the following two facts 776.012 are proved: Give if 1....
...ant continued or resumed the use of force. Force in resisting A person is not justified in using force to arrest resist an arrest by a law enforcement officer who is known, or reasonably appears to be a law F.S.
776.051(1) and enforcement officer. F.S.
776.012 Give if applicable However, if an officer uses excessive force to make an arrest, then a person is justified in the See Ivester v....
...State, use of reasonable force to defend himself (or
398 So.2d 926 (Fla. another), but only to the extent he reasonably 1st DCA 1981); Jackson believes such force is necessary. v. State,
463 So.2d 372 (Fla. 5th DCA 1985). In some instances, the instructions applicable to F.S.
776.012,
776.031 or
776.041 may need to be given in connection with this instruction....
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CopyCited 38 times | Published | Supreme Court of Florida | 1996 WL 681384
...rt for the common law defense of necessity or justification. 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." That statute states in relevant part: [A person] is justified in the use of deadly force only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a forcible felony. While section
776.012 is not identical to the defense of necessity, see Linnehan v. State,
454 So.2d 625 (Fla. 2d DCA 1984), [4] we find the case law cited by the State relevant to our analysis here, as both the necessity defense and section
776.012 contemplate that a defendant may act to prevent some "harm," even if the defendant's act otherwise would be unlawful. Linnehan,
454 So.2d at 626; §
776.012....
...bortion is not a recognized harm and cannot be used to invoke the necessity defense. See Roe v. Wade,
410 U.S. 113,
93 S.Ct. 705,
35 L.Ed.2d 147 (1973); § 390.001, Fla. Stat. (1993). For the same reason, abortion also cannot constitute "harm" under section
776.012....
...court's order on Hill's motion in limine and our rejection of his claimed necessity defense. As the majority correctly explains, Hill's religious belief that abortion is evil is not legally cognizable as a "necessity" defense under the common law or section 776.012....
...We also note that Hill indicated that he would elect to represent himself even if he did not have the benefit of standby counsel. [3] We consider this issue preserved for review. At trial, after the State rested, Hill repeated his desire to present the defense afforded in section 776.012, Florida Statutes (1993)....
...Horn, 126 Wis.2d 447, 377 N.W.2d 176 (App.1985), aff'd, 139 Wis.2d 473, 407 N.W.2d 854 (1987). [6] Our conclusion that abortion is not a legally cognizable harm disposes of the need to address whether an unborn fetus is "another" within the meaning of section 776.012....
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CopyCited 57 times | Published | Supreme Court of Florida | 2008 WL 596805
...any attempt to commit (applicable felony) upon [him] [her], or 3. any attempt to commit (applicable felony) upon or in any dwelling, residence, or vehicle occupied by [him] [her]. Insert and define applicable felony that defendant alleges victim attempted to commit. *1084 Give if applicable. §§
776.012,
776.031, Fla....
...However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend [himself] [herself] (or another), but only to the extent [he] [she] reasonably believes such force is necessary. See §
776.012, Fla. Stat.; Ivester v. State,
398 So.2d 926 (Fla. 1st DCA 1981) ; Jackson v. State,
463 So.2d 372 (Fla. 5th DCA 1985) . In some instances, the instructions applicable to §§
776.012,
776.031, or
776.041, Fla....
...It is a defense to the offense with which (defendant) is charged if the [death of] [injury to] (victim) resulted from the justifiable use of non-deadly force. Definition. "Non-deadly" force means force not likely to cause death or great bodily harm. In defense of person. § 776.012, Fla....
...Give the following instruction if applicable. However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend [himself] [herself] [another], but only to the extent [he] [she] reasonably believes such force is necessary. See §
776.012, Fla. Stat.; Ivester v. State,
398 So.2d 926 (Fla. 1st DCA 1981) ; Jackson v. State,
463 So.2d 372 (Fla. 5th DCA 1985) . In some instances, the instructions applicable to §§
776.012,
776.031, or
776.041, Fla....
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CopyCited 38 times | Published | Florida 1st District Court of Appeal
...Lowery, supra, at 1326; see also Meeks v. State,
369 So.2d 109 (Fla. 1st DCA 1979); Morley v. State,
362 So.2d 1013 (Fla. 1st DCA 1978). The Lowery court specifically left open the question of a defendant's right to use force in self-defense pursuant to Section
776.012, Florida Statutes (1979), which states in part that: "A person is justified in the use of force, except deadly force, against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself ... against such other's imminent use of unlawful force... ." See also Pani v. State,
361 So.2d 170 (Fla. 3rd DCA 1978) reh. denied. Sections
776.012 and
776.051, Florida Statutes (1974), were both enacted as a part of the same act....
...The effect of reading these statutes in pari materia is to permit an individual to defend himself against unlawful or excessive force, even when being arrested. This view is consistent with the position taken by other jurisdictions that have been confronted with questions relating to statutes similar to Sections
776.012,
776.051 and
843.01, Florida Statutes....
...Did you have occasion to become involved, not you involved personally, but do you have information about an accident that occurred involving the defendant, Danny Ivester? A: Yes, sir. (T.R. 144) [2] We note that there are limitations upon the amount of force that one can use in self-defense. § 776.012, Fla....
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CopyCited 44 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 223
...The court's observations in Allen were based upon its prior opinion in Ivester v. State,
398 So.2d 926 (Fla. 1st DCA 1981), review denied,
412 So.2d 470 (Fla. 1982), wherein the correlation between self-defense and the use of force by an arresting officer was analyzed: Sections
776.012 and
776.051, Florida Statutes (1974), were both enacted as a part of the same act....
...The effect of reading these statutes in pari materia is to permit an individual to defend himself against unlawful or excessive force, even when being arrested. This view is consistent with the position taken by other jurisdictions that have been confronted with questions relating to statutes similar to Sections
776.012,
776.051 and
843.01, Florida Statutes....
...Any damage done by an improper arrest can be repaired through the legal processes.
398 So.2d at 930. Thus, it is apparent that while an arrest, whether lawful or unlawful, may never be resisted with violence, [1] any excessive force accompanying such arrest may be forcefully defended against as provided by section
776.012, Florida Statutes (1983)....
...This is true and, therefore, the issue of self-defense was a jury issue. But, given the erroneous instruction that there could be no self-defense employed against an arresting officer, this issue actually was removed from the jury's province. Since self-defense under section 776.012 is an available defense in regard to both a charge of battery and resisting arrest with violence, and since there was evidence of excessive force which the jury could have believed, we reverse the convictions on counts two and three and remand for a new trial on both charges....
...ORFINGER and COWART, JJ., concur. NOTES [1] Section
776.051(1), Florida Statutes (1983), provides: A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. [2] Section
776.012, Florida Statutes (1983), provides: Use of force in defense of person....
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CopyCited 28 times | Published | Florida 4th District Court of Appeal
...3d DCA 1976). And since it has not been alleged that the officer in this case used unlawful force in effectuating the arrest, it has not been necessary for us to consider the question of a defendant's right to use force in defense of his person under Section 776.012....
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CopyCited 20 times | Published | Florida 5th District Court of Appeal | 1998 WL 601299
...The question here is whether the trial court was correct in concluding that the state failed to sustain its burden of proof. The state concedes that, in order to establish its case against Rivera, it had the burden of rebutting Rivera's claim that he shot the victim in self-defense. Section 776.012, Florida Statutes (1993), defines selfdefense as follows: "[A person] is justified in the use of deadly force only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or ano...
...The state's witnesses testified that only McCrae exited the truck and disputed Rivera's testimony that McCrae was armed. However, even if McCrae was the only one to exit the truck and he was unarmed, Rivera established a prima facie case of self-defense as defined by section 776.012, Florida Statutes (1993)....
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CopyCited 22 times | Published | Florida 2nd District Court of Appeal
...Parnes,
Assistant Attorney General, Tampa, for
Respondent.
BADALAMENTI, Judge.
Willie Jefferson petitions this court for a writ of prohibition seeking review
of the trial court's order summarily denying his motion to dismiss asserting Stand Your
Ground immunity from prosecution under sections
776.012(2) and
776.032(1), Florida
Statutes (2017)....
...second-degree murder of his roommate on September 2, 2017. Petitioner filed a
motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(b), asserting
Stand Your Ground immunity from prosecution because he acted in justifiable self-
defense, as defined in section 776.012, in stabbing his roommate.1
1Section 776.012(2) provides that "[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...
...1996))).
A Brief History of Florida's Stand Your Ground Law
As background, the Stand Your Ground statute was first enacted in 2005.
Ch. 05-27, § 4, at 200, Laws of Fla.; see also §
776.032, Fla. Stat. (2005) ("A person
who uses force as permitted in [section]
776.012, [section]
776.013, or [section]
776.031
is justified in using such force and is immune from criminal prosecution ....
...criminal prosecution to "raise[]" a "prima facie claim" of self-defense as described in
section
776.032(1). See §
776.032(4) (referring to section
776.032(1)'s inclusion of the
affirmative defenses of justifiable self-defense and use of force set forth in sections
776.012, .013, and .031)....
...criminal defendant in a pretrial rule 3.190(b) motion to dismiss. The trial court is then to
determine whether, at first glance and assuming all facts as true, the alleged facts set
forth in the motion support the elements of self-defense in either section
776.012,
776.013, or
776.031....
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CopyCited 20 times | Published | Florida 4th District Court of Appeal | 1994 WL 178067
...ng. Because the deadly force instruction was given on the claim of self-defense, the jury heard that deadly force is justified only to prevent imminent death, great bodily harm to himself or another or to prevent the imminent commission of a felony. § 776.012, Fla....
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CopyCited 21 times | Published | Supreme Court of Florida
...Conversely, he asserts that when the facts are applied to the statute, the statute was not violated by his acts. Appellant premises his argument on the language of section
782.07 which states it is not manslaughter if the acts fall within "lawful justification according to the provisions of chapter 776." Section
776.012 of that chapter, entitled "Use of force in defense of person", and regarding use of deadly force provides in pertinent part: However, he is justified in the use of deadly force only if he reasonably believes that such force is necessa...
...The repeal of section 776.021 allegedly creates a greater right to use deadly force to protect real property, other than a dwelling, pursuant to section
776.031 and to defend against the threat of great bodily harm or the imminent commission of a forcible felony pursuant to section
776.012, with no concomitant right to likewise defend a dwelling....
...." This argument, however, is based on the faulty premise that a property owner has the "right", pursuant to section
776.031, to use deadly force to protect his real property, other than his dwelling, from the imminent commission of a forcible felony, or that a person has the "right", pursuant to section
776.012, to use deadly force to protect himself or another from imminent death or great bodily harm or the imminent commission of a forcible felony, but that an owner of a dwelling has no similar "right" to defend the dwelling....
0 red0 yellow16 green0 procedural
CopyCited 20 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 599, 1989 Fla. LEXIS 1259, 1989 WL 156437
...coverage is nonexistent for the homeowner defending his home and family, because an intentional act exclusion is present in practically every policy and is nonnegotiable. Marshall claims that the public policy promoting self-defense is evidenced by section 776.012, Florida Statutes (1987), which authorizes the use of force in defense of one's person under certain circumstances....
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CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 2014 WL 20660, 2014 Fla. App. LEXIS 15
...ing this interview, he subsequently was arrested and charged with two counts of second degree murder. Mobley claimed below and now claims here that these facts are undisputed and demonstrate that he is immune from prosecution as provided by sections
776.012 and
776.032 of the Florida Statutes....
...such force is necessary to either prevent imminent death or great bodily harm to self or others or to prevent the imminent commission of a forcible felony. See §
776.032, Fla. Stat. (2013) (providing that a “person who uses force as permitted in s.
776.012, s.
776.013, or s.
776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force”); see also §
776.012(1), (2), Fla....
...�� and second, because Mobley should have brandished his gun, fired a warning shot or told the attackers to stop because he had a gun. We disagree for the following reasons. As a preliminary matter, Mobley was not required to warn that he had a gun. Section 776.012(1), (2), clearly states where the danger of death, great bodily harm or the commission of a forcible felony is “imminent,” the use of deadly force is justified....
...Because the preponderance of the evidence demonstrates that had the proper standard been applied, Mobley’s use of deadly force was justified, the motion to dismiss should have been granted. See Dennis v. State,
51 So.3d 456, 460 (Fla.2010) (confirming that, where a defendant claims immunity from prosecution under sections
776.012,
776.013 and
776.032, the court below must determine whether that defendant has shown by a preponderance of the evidence that the immunity attaches); Vino,
100 So.3d at 717 (“When a defendant invokes the statutory immunity, the trial court...
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CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 16361, 2011 WL 4949803
...Ordinarily, we would simply direct that the trial court reduce the second degree murder convictions to manslaughter convictions. However, in this case, an error in the jury instructions on self-defense warrants a new trial. [2] By way of background, section
776.012, Florida Statutes (2006), provides that a person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that 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; or (2) Under those circumstances permitted pursuant to s.
776.013. §
776.012, Fla....
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CopyCited 16 times | Published | Florida 3rd District Court of Appeal
...orce which is likely to cause death or great bodily harm," §
776.06, Fla. Stat. (1979)] to repel an unlawful attack upon himself if "he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself... ." §
776.012 Fla....
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CopyCited 14 times | Published | Florida 1st District Court of Appeal | 2001 WL 395171
...At that point, the deputy had sprayed Appellant with mace. The first factor in the Alderman test contemplates that the requested instruction accurately states the applicable law. See
486 So.2d at 677. The applicable law is set forth in the following 1997 statutes:
776.012 Use of force in defense of person.A person is justified in the use of 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 such other's imminent use of unlawful force....
...Appellant that the facts in the case support giving the instruction, and the instruction was necessary to resolve all issues in the case. See Alderman,
486 So.2d at 677; Jackson v. State,
463 So.2d 372, 374 (Fla. 5th DCA 1985) (as self-defense under §
776.012, Fla.Stat., is an available defense regarding charges of battery and resisting arrest with violence, and as there was evidence of excessive force that the jury could have believed, convictions for these two offenses were reversed and remanded for new trial); Holley v....
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CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1442150, 2013 Fla. App. LEXIS 5670
...Hair,
17 So.3d at 805 . B. Propriety of the Denial of the Motion to Dismiss on the Merits The Stand Your Ground law is codified in chapter 776, Florida Statutes (2009). Section
776.032(1) grants criminal immunity to persons using force as permit *218 ted in sections
776.012,
776.013, or
776.031. In this case, Little argued he was entitled to immunity under section
776.032(1) because his use of force was permitted in section
776.012(1). Section
776.012(1) authorizes the use of deadly force when a defendant “reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.” A defendant must establish entitlement to immunity under the Stand Your Ground law by a preponderance of the evidence....
...However, that does not end our analysis because the State has asserted another basis on which to uphold the circuit court’s ruling, or a “tipsy coachman” argument. 2 C. State’s Tipsy Coachman Argument The State argues that regardless of whether Little established that his use of deadly force was permitted in section
776.012(1), he was not entitled to immunity under section
776.032(1) because his use of force would not have been permitted in section
776.013(3)....
...Because Little was a felon in illegal possession of a firearm, the State submits that he was engaged in an unlawful activity and cannot obtain immunity under any of these statutory provisions. Section
776.032(1) provides, in pertinent part, “A person who uses force as permitted in s.
776.012, s.
776.013, or s.
776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.... ” Because section
776.032(1) grants criminal immunity to persons using force as permitted in section
776.012, section
776.013, or section
776.031, it should be construed to allow a defendant to claim immunity based on the use of force permitted in any of these provisions....
...n of the Legislature to construe it conjunctively as meaning ‘and.’ ”). Despite the disjunctive language in section
776.032(1), the State asserts that the legislature did not intend to provide immunity based on the use of force as permitted in section
776.012(1) because section
776.012(1) conflicts with section
776.013(3). According to the State, both sections
776.012(1) and
776.013(3) permit the use of deadly force based on a reasonable belief such force is necessary to prevent imminent death or great bodily harm or the commission of a felony. The State argues that section
776.013(3) limits the justifiable use of deadly force to persons who are not engaged in illegal activity and who are in a place they have a legal right to be. The State asserts that section
776.012(1) cannot provide a separate basis for immunity because it would provide immunity for a person engaged in an unlawful activity and thus render section ....
...subject or object be construed together to harmonize the statutes and to give effect to the Legislature’s intent.’ ” Id. (quoting Fla. Dep’t of State v. Martin,
916 So.2d 763, 768 (Fla.2005)). We conclude that the plain language of sections
776.012,
776.013, and
776.032 can be understood as granting immunity to a person who qualifies under either section
776.012(1) or
776.013(3). To arrive at this conclusion, we will examine the provisions in sections
776.012 and
776.013 in pari materia to determine whether the legislature intended for each section to provide a separate basis for immunity under section
776.032(1)....
...We will then examine the effect of the enactment of the Stand Your Ground law on that body of law to discern the extent to which the legislature intended to change that law. Prior to the enactment of the Stand Your Ground law, the justifiable use of deadly force by and against a civilian was governed by section 776.012. 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 immin...
...There was an exception to the duty to retreat for a person claiming self-defense in his or her own residence; that exception was part of the “castle doctrine.” 3 Id. In 2005, the legislature enacted the Stand Your Ground law which amended sections
776.012 and .031 and created sections
776.013 and .032. Ch. 2005-27, §§ 1-4, at 200-02, Laws of Fla. Section
776.012 still permits the justifiable use of deadly force if a person “reasonably believes that 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.” §
776.012(1). But the Stand Your Ground law added language permitting the justifiable use of deadly force “[u]nder those circumstances permitted pursuant to s.
776.013.” §
776.012(2). It also eliminated the common law duty to retreat for persons justifiably using deadly force under either section
776.012(1) or
776.013. Section
776.012, which is entitled “Use of force in defense of person,” now provides as follows: A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such condu...
...easonable belief “it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.” Id. We do not agree that there is a conflict between the provisions in sections
776.012(1) and
776.013(3)....
...Section
776.013(3) provides for the justifiable use of deadly force by a law-abiding person outside of the “castle,” but it does not preclude persons who are engaged in an unlawful activity from using deadly force in self-defense when otherwise permitted. In fact, the Stand Your Ground law expressly amended section
776.012 to provide that the use of deadly force is justified under the circumstances set forth in both sections
776.012(1) and
776.013. Nor do we agree that construing section
776.012(1) as a distinct statute permitting the justifiable use of deadly force would render section
776.013(3) meaningless....
...Section
776.013(3) applies when a person is (1) not engaged in an unlawful activity and (2) attacked in any place outside the “castle” as long as (3) he or she has a right to be there. A person who does not meet these three requirements would look to section
776.012(1) to determine whether the use of deadly force was justified....
...The presumptions in sections
776.013(1) and (4) apply only when a person is attacked in the “castle.” And the presumption in section
776.013(1) does not apply if the person was engaged in an unlawful activity. See §
776.013(2)(c). The requirements under sections
776.012(1) and
776.013(3) are not identical. A person proceeding under section
776.013(3) would have to prove that he or she reasonably believed the use of deadly force was “necessary ... to prevent death or great bodily harm ... or to prevent the commission of a forcible felony.” Under section
776.012(1), a person would have to prove that he or she reasonably believed the use of deadly force was “necessary to prevent imminent death or great bodily harm ......
...ged in an unlawful activity would not be entitled to claim immunity under section
776.032(1) based on the use of force as permitted in section
776.013(3). But section
776.013(3) provides only one means of obtaining immunity under section
776.032(1). Section
776.012(1) provides another means of obtaining immunity for individuals who would not qualify for immunity under section
776.013(3). And section
776.032(1) expressly provides for immunity based on the use of force as permitted in section
776.012. In summary, section
776.032(1) provides for immunity from criminal prosecution for persons using force as permitted in section
776.012, section
776.013, or *222 section
776.031....
...nder that statute. See Darling v. State,
81 So.3d 574, 578 (Fla. 3d DCA 2012), review denied,
107 So.3d 403 (Fla.2012); Dorsey v. State,
74 So.3d 521, 527 (Fla. 4th DCA 2011). However, Little sought immunity based on the use of force as permitted in section
776.012(1)....
...His status as a felon in illegal possession of a firearm did not preclude that claim of immunity. And, as set forth above, Little established by a preponderance of the evidence that his use of force was justified to prevent his imminent death or great bodily harm as provided for in section 776.012(1)....
...And the court explained that under section
776.013(3) the defendant was not entitled to immunity because he was engaged in an unlawful activity. Id. The Fourth District has not addressed whether a defendant would be entitled to immunity based on the use of force as permitted in section
776.012(1). As we have already explained, section
776.032(1) provides for immunity based on the use of force as permitted in three separate statutory provisions: section
776.012, section
776.013, or section
776.031. As pertains to the circumstances here, even though Little’s use of force was not permitted in section
776.013(3), it was permitted in section
776.012(1)....
...nvoke that immunity by persons charged with serious crimes. We therefore certify the following question as one of great public importance: IS A DEFENDANT WHO ESTABLISHES BY A PREPONDERANCE OF THE EVIDENCE THAT HIS USE OF DEADLY FORCE IS PERMITTED IN SECTION
776.012(1), FLORIDA STATUTES (2009), ENTITLED TO *223 IMMUNITY UNDER SECTION
776.032(1) EVEN THOUGH HE IS ENGAGED IN AN UNLAWFUL ACTIVITY AT THE TIME HE USES THE DEADLY FORCE? Petition granted....
0 red0 yellow35 green0 procedural
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2006 WL 2612793
...[6] Murray and his roommate fought outside their apartment. The State charged that Murray introduced a butcher knife into the fight, but he claimed that the other guy first wielded a pocket knife against him. The key fact for the trial was who brought the knife to the fist fight. [7] § 776.012, Fla....
...State: Okay, I think I have it. Court: We have it, because he's charged with it. But, I need it again for State: Okay Court: I must read it again in its entirety. State: Okay. Okay. Court: So I need it inserted there State: Okay Court: right after this. Okay. Then
776.012,
776.031....
0 red0 yellow20 green0 procedural
CopyCited 19 times | Published | Supreme Court of Florida | 2006 WL 1471998
...any attempt to commit (applicable felony) upon or in any dwelling house, residence, or vehicle occupied by [him] [her], or. 4. any attempt to commit (applicable felony) in any dwelling house occupied by [him] [her]. Insert and define applicable felony that defendant alleges victim attempted to commit . Give if applicable. §§
776.012,
776.031, Fla....
...However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend [himself] [herself] (or another), but only to the extent [he] [she] reasonably believes such force is necessary. See §
776.012, Fla. Stat.; Ivester v. State,
398 So.2d 926 (Fla. 1st DCA 1981) ; Jackson v. State,
463 So.2d 372 (Fla. 5th DCA 1985) . In some instances, the instructions applicable to §§
776.012,
776.031, or
776.041, Fla....
...It is a defense to the offense with which (defendant) is charged if the [death of] [injury to] (victim) resulted from the justifiable use of non-deadly force not likely to cause death or great bodily harm. Definition. "Non-deadly" force means force not likely to cause death or great bodily harm. In defense of person . § 776.012, Fla....
...Give the following instruction if applicable . However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend [himself] [herself] [another], but only to the extent [he] [she] reasonably believes such force is necessary. See §
776.012, Fla. Stat.; Ivester v. State,
398 So.2d 926 (Fla. 1st DCA 1981) ; Jackson v. State,
463 So.2d 372 (Fla. 5th DCA 1985) . In some instances, the instructions applicable to §§
776.012,
776.031, or
776.041, Fla....
0 red0 yellow6 green0 procedural
CopyCited 13 times | Published | Supreme Court of Florida | 2017 WL 4296212
...A person is justified in using 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.
§
776.012(1), Fla. Stat. (2008).1 Section
776.032 also provides immunity for a
person who lawfully uses force in self-defense:
(1) A person who uses force as permitted in s.
776.012, s.
776.013, or s....
0 red0 yellow17 green0 procedural
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 13360, 2012 WL 3238759
...Mederos petitions for a writ of prohibition following the denial of his motion to dismiss an information charging him with aggravated battery with a deadly weapon (a knife). Below and on appeal, petitioner argues that he is immune from prosecution under Florida’s so-called “Stand Your Ground Law.” See §§
776.012,
776.031-.032, Fla....
...Ribas was over and he was removed from the zone of imminent danger, the putative forcible felony was over. At this point any right that Defendant had to use deadly force in defense of Mr. Ribas terminated as to the forcible felony. [Citation omitted.] Florida Statute sections
776.012,
776.013, and
776.031, when read together, allow for the use of deadly force only to prevent the commission of a forcible felony or for self-defense or defense of another, when the person reasonably believes it is necessary to prevent death or great bodily harm....
...e felony,” and the person using such force “is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another....” §
776.013(1). Chapter 2005-27 amended two existing statutes: sections
776.012 and
776.031; and it created two new statutes: sections
776.013 and
776.032. As amended, section
776.012, Florida Statutes, provides: A person is justified in using 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....
...tted pursuant to s.
776.013 [which permits use of defensive force intended or likely to cause death or great bodily harm in a dwelling, residence or occupied vehicle]. [ 1 ] Section
776.032 provides that a person using force as permitted by sections
776.012,
776.013 or
776.031, “is immune from criminal prosecution and civil action for the use of such force” subject to exceptions not applicable here....
0 red0 yellow35 green0 procedural
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1996 WL 164632
...him to serve a mandatory term of three years in prison. This timely appeal followed. On appeal the appellant contends that the evidence established that his conduct was justified and that he was therefore entitled to an instruction on self-defense. Section 776.012, Florida Statutes (1993), provides as follows: Use of force in defense of person....
...The appellant testified that he was afraid of being attacked and, therefore, that he was justified in waving his unloaded, holstered pistol in an effort to scare the victim away. Because this evidence supported his theory that his conduct was justified under section 776.012, a jury instruction on justifiable use of force should have been given....
...fiable use of deadly force. In order to be entitled to that instruction, the appellant was required to present evidence that he reasonably believed that deadly force was necessary to prevent imminent death or great bodily harm to himself or another. § 776.012....
0 red0 yellow15 green0 procedural
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1998 WL 166551
...Under Florida law, a person is justified in using deadly force in self-defense only if he reasonably believes such force is necessary to protect one's self from imminent death or great bodily harm or to prevent the imminent commission of a forcible felony. § 776.012, Florida Statutes (1995)....
0 red0 yellow17 green0 procedural
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 782
...Gen., Patricia Conners, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. Larsen appeals his conviction of second degree murder after a jury trial, contending: (1) that the trial court erred in refusing to instruct the jury on justifiable use of non-deadly force under section 776.012, Florida Statutes (1983); (2) the evidence at trial was insufficient to support a conviction of second degree murder; and (3) the trial court erred in sentencing appellant under sentencing guidelines in effect at the time of sentencing, rather than at the time of commission of the offense....
...and altercation in which he slapped his wife and she fell backward to the floor. On the first point, we agree with the state's contention that it was not error for the trial court to refuse an instruction concerning the use of non-deadly force under section 776.012, Florida Statutes (1983)....
0 red0 yellow14 green0 procedural
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 5039, 2015 WL 1578849
...1 At a pretrial evidentiary
hearing to determine the factual basis for the applicability of immunity,2 the trial
1 §
776.032 (1), Florida Statutes (2011), also known as the Stand Your Ground law,
provides:
A person who uses or threatens to use force as permitted in s.
776.012,
s.
776.013, or s.
776.031 is justified in such conduct and is immune
from criminal prosecution and civil action for the use or threatened use
of such force by the person . . .”
§
776.012(2), Florida Statutes (2014) provides:
(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 deat...
0 red0 yellow13 green0 procedural
CopyCited 12 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 627
...force to resist an arrest." In Ivester, the district court construed section
776.051(1), Florida Statutes (Supp. 1974), which provides that a person is not justified in the use of force to resist a known law enforcement officer, in pari materia with section
776.012, Florida Statutes (Supp....
...t an individual to defend himself against unlawful or excessive force, even when being arrested. This view is consistent with the position taken by other jurisdictions that have been confronted with questions relating to statutes similar to sections
776.012,
776.051 and 848.01, Florida Statutes....
...dent thing for that person to do is to disarm the officer if possible. Therefore I would approve the district court decision in part and quash in part and remand for a new trial on all the charges. SHAW, J., concurs. NOTES [1] Section
776.051(1) and section
776.012 have remained unchanged to date....
0 red1 yellow7 green0 procedural
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...Assuming, arguendo, that testimony that a defendant was subjected to or aware of prior assaultive behavior by disgruntled car owners is relevant as tending to prove the material fact [1] that he reasonably believed that his show of force was necessary to defend himself against the imminent use of force, see § 776.012, Fla....
...However, this rule of admissibility is merely an exception to the rule that evidence of the character of the victim is ordinarily irrelevant, see §
90.404, Fla. Stat. (1983), and does not purport to define the outer limits of relevancy where a self-defense claim is made. [2] Section
776.012, Florida Statutes (1981), provides: "Use of force in defense of person....
0 red1 yellow12 green0 procedural
CopyCited 15 times | Published | Florida 3rd District Court of Appeal
...he safety cock notch was functional. The defendant's direct testimony concerning the victim's threats and his menacing approach together with the defendant's assertion that he was in fear of his life made out a prima facie case of self defense under Section 776.012, Florida Statutes (1977)....
0 red0 yellow4 green0 procedural
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 12999, 2014 WL 4114334
...The law governing the justifiable use of deadly force in self-defense is contained in chapter 776, Florida Statutes (2011), certain provisions of which are colloquially known as the “Stand Your Ground” law. The following two sections of the law are arguably at play: 776.012 Use of force in defense of person....
...it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. (Emphasis added). Garrett argues that he established that his use of deadly force was justified under section
776.012(1) to prevent Ford’s imminent commission of a forcible felony (ie., attempted second-degree murder and/or aggravated battery against Garrett). Therefore, he submits, the court erred by instructing the jury regarding his unlawful activity because it required the jury to consider whether he had a duty to retreat in a situation where no such duty existed. Section
776.012(1) provides that a person using deadly force in circumstances in which the perceived threat of death or great bodily harm is imminent does not have a duty to retreat. While Garrett acknowledges that a “duty to retreat” analysis would be necessary under section
776.013(3) because of his unlawful activity, he contends that sections
776.012 and
776.013 provide separate and distinct bases under which the justifiable use of deadly force may be asserted, so that the “unlawful activity” preclusion in the latter is irrelevant to the operation of the former. In support of his position, Garrett relies on Little v. State,
111 So.3d 214 (Fla. 2d DCA 2013), which held that a person is not precluded from claiming immunity from criminal prosecution under the circumstances in section
776.012, even though the person was engaged in unlawful activity at the time. Id. at 221-22 . The Court reasoned that section
776.032(1), Florida Statutes (2009), provides immunity from criminal prosecution for persons using force as permitted in section
776.012 or section
776.013, and the requirements of each are not identical. Id. Because Little had established by a preponderance of the evidence that his use of force was justified to prevent imminent death or great bodily *471 harm as required in section
776.012(1), he was entitled to immunity, regardless of his status as a felon in illegal possession of a firearm....
...The arguments raised by State in Little are essentially the same as those raised in the instant case. The State maintains that the extraordinary self-defense privilege afforded by the “Stand Your Ground” law is reserved for law-abiding citizens only. It asserts that section
776.012(1) does not provide a basis for a person engaged in unlawful activity to be excused from the use of deadly force in self-defense, for such an interpretation would directly contradict the express legislative intent of section
776.012 and render the “unlawful activity” preclusion of section
776.013(B) meaningless....
...l’s en banc decision in Hill v. State,
143 So.3d 981 , 2014 WL 3434445 (Fla. 4th DCA July 16, 2014), we reject the State’s position. Garrett’s affirmative defense of self-defense, like Little’s claim of immunity, was based on the language in section
776.012....
...Because Garrett presented some evidence to support his claim of justifiable use of deadly force to prevent imminent death or great bodily harm or the imminent commission of a forcible felony by Ford, Garrett was entitled to request and receive an instruction reflecting section 776.012(1)....
...his theory of defense if there is any evidence to support such instructions.”). .The fact that he was a convicted felon in unlawful possession of a firearm did not apply to the jury’s consideration of whether Garrett had a duty to retreat under section 776.012(1)....
...Like Garrett, Hardison was a convicted felon in possession of a firearm at the time of the incident. Id. And as in the instant case, the trial court in Hardison instructed the jury on justifiable use of deadly force, using the standard instruction that tracks section
776.012, combined with instructions relating to section
776.013: “[i]f the defendant was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his...
...Dorsey v. State,
74 So.3d 521 (Fla. 4th DCA 2011), not be read. When asked for the legal basis for the objection, defense counsel stated that the case doesn’t require that the challenged language be included in the jury instruction. . We note that section
776.012, Florida Statutes (2011), has since been amended to include the "unlawful activity” preclusion contained in
776.013(3). The relevant portion of section
776.012 now reads: "[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 forc...
0 red0 yellow30 green0 procedural
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 20857, 2011 WL 6847813
...believes that such force is necessary to prevent imminent death or great bodily harm to himself *384 or herself or another or to prevent the imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s.
776.013. §
776.012, Fla....
0 red0 yellow23 green0 procedural
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2007 WL 4547445
...revent the imminent commission of a forcible felony. Non-deadly force may be used when and to the extent that a person reasonably believes that the use of force is necessary to defend one's self or another against the imminent use of unlawful force. § 776.012, Fla....
0 red0 yellow15 green0 procedural
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2013 WL 2359485, 2013 Fla. App. LEXIS 8593
...However, no evidence was introduced to establish the nature of the medical hold. . §
776.032, Fla. Stat. . We find there was sufficient evidence presented at trial to survive a motion for judgment of acquittal on the lesser included offense of battery pursuant to section
784.03(1), Florida Statutes. . See §
776.012, Fla....
0 red0 yellow12 green0 procedural
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 17205, 2011 WL 5138607
...4th DCA 2002) (citing Scholl v. State,
94 Fla. 1138,
115 So. 43, 44 (1927)). Vila argues that because he presented some evidence that he was defending himself from the victim's attack, the trial court erred in denying his requested jury instruction based on section
776.012, Florida Statutes (2010), which provides, in part: A person is justified in using 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....
0 red0 yellow16 green0 procedural
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2008 WL 4722492
...Several statutes set out the parameters as to what force is allowed under particular circumstances. Section
776.032(1), Florida Statutes (2006), states:
776.032 Immunity from criminal prosecution and civil action for justifiable use of force. (1) A person who uses force as permitted in s.
776.012, s....
...e person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant. Section 776.012, Florida Statutes (2006), states: 776.012 Use of force in defense of person....
0 red0 yellow9 green0 procedural
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...We conclude that the trial court did not commit reversible error in refusing to instruct the jury on the elements of self-defense. A person is justified in the use of deadly force to defend himself only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself. Section 776.012, Fla....
0 red0 yellow13 green0 procedural
CopyCited 8 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 49, 2007 Fla. LEXIS 119, 2007 WL 174332
...It is a defense to the offense with which (defendant) is charged if the [death of] [injury to] (victim) resulted from the justifiable use of non-deadly force. Definition. "Non-deadly" force means force not likely to cause death or great bodily harm. In defense of person. § 776.012, Fla....
...*1162 However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend [himself] [herself] [another], but only to the extent [he] [she] reasonably believes such force is necessary. See §
776.012, Fla. Stat.; Ivester v. State,
398 So.2d 926 (Fla. 1st DCA 1981) ; Jackson v. State,
463 So.2d 372 (Fla. 5th DCA 1985) . In some instances, the instructions applicable to §§
776.012,
776.031, or
776.041, Fla....
0 red0 yellow7 green0 procedural
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1998 WL 31493
...An instruction on use of non-deadly force was given, [2] but the court *1139 refused to instruct on use of deadly force. [3] However, since Curington tried to defend himself by using a knife, the deadly force instruction was also appropriate, under the circumstances of this case. Section 776.012, Florida Statutes (1993) provides: Use of force in defense of person.A person is justified in the use of force, except deadly force against another, when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such imminent use of unlawful force....
0 red0 yellow9 green0 procedural
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2003 WL 469502
...Falco was a homeowner who had been burglarized several times. He set a spring gun aimed at the point the burglar had been using for entry. While Falco was gone, the burglar came in and was fatally shot. Falco argued, among other things, that under the statute on justifiable use of force, § 776.012, Fla....
...The Florida Supreme Court rejected the defendant's argumentbut not by modifying the definition of forcible felony to exclude burglary of an unoccupied structure. The correct analysis is found instead in the statute on justifiable use of force. As quoted in Falco: Section 776.012 ..., entitled "Use of force in defense of person", and regarding use of deadly force provides in pertinent part: However, he is justified in the use of deadly force only if he reasonably believes that such force is necessary to preven...
...d. Thus, the Falco decision establishes that burglary is a forcible felony as enumerated in section
776.08, Florida Statutes. Whether deadly force is permissible to defend against a forcible felony depends on the wording of the use of force statute (§
776.012), not the forcible felony definition (§
776.08)....
0 red0 yellow6 green0 procedural
CopyCited 5 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 74908, 2010 WL 2949606
commerce" by virtue of that fact alone. 29 C.F.R. § 776.12 (1950) (internal citations omitted). In Isaacson
0 red0 yellow17 green0 procedural
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2001 WL 219326
...ence of Lora's prior specific acts of violence. Under Florida statutory and common law, a person may use deadly force in self defense if he or she reasonably believes that deadly force is necessary to prevent imminent death or great bodily harm. See § 776.012, Fla....
0 red0 yellow6 green0 procedural
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 12499, 2009 WL 2602222
...In turn, the legislature broadly defined the term "criminal prosecution" to include "arresting, detaining in custody, and charging or prosecuting the defendant." [3] Id. Because Mr. Horn has already been arrested and charged with a criminal homicide, our focus is upon his pending prosecution. Section 776.012, titled "Use of force in defense of person," provides the limits of justifiable force in this case....
0 red0 yellow9 green0 procedural
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2006 WL 929885
...doctrine" self-defense instruction at trial). Although statutory law allowed a person to use deadly force when necessary to prevent imminent harm to him or herself or to another person, or to prevent the imminent commission of a forcible felony, see section 776.012, Florida common law required a duty to retreat "to the wall" in most cases....
...cases, absent clear legislative intent favoring retroactive application. Id. at 499 (citations omitted). Here, it is clear that the statute attaches new legal consequences to events completed before the enactment of section
776.013 and amendment to section
776.012....
...Although procedural changes in criminal law may escape the reach of article X, section 9, see Lee v. State,
128 Fla. 319,
174 So. 589 (1937), a substantive change in a statute may be applied only prospectively. Here, the legislative enactment made a substantive change in section
776.012, eliminating any duty to retreat under certain enumerated circumstances, which include the circumstances in this case....
...Thus, it is not remedial in the sense that it may be applied retroactively to events occurring prior to its enactment. For these reasons, we grant the petition and quash the order of the trial court. Smiley is not entitled to jury instructions based upon the expanded right of self-defense contained in sections
776.012 and
776.013....
0 red0 yellow9 green0 procedural
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 21415, 2012 WL 6166382
...The trial court did not err in concluding that petitioner did not establish an entitlement to self-defense immunity. Petitioner had the burden of proving his entitlement to self-defense immunity by a preponderance of the evidence. Peterson,
983 So.2d at 29 . Section
776.012, Florida Statutes, provides: Use of force in defense of person....
...The trial court correctly concluded that petitioner had not shown that he reasonably believed that the use of deadly force was necessary “to prevent imminent death or great bodily harm to himself ... or another or to prevent the imminent commission of a forcible felony.” § 776.012, Fla....
0 red0 yellow14 green0 procedural
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1816602
...[2] "A person is justified in the use of 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 such other's imminent use of unlawful force." § 776.012, Fla....
0 red0 yellow8 green0 procedural
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 8640, 2010 WL 2382583
...obbing him, making him immune from prosecution under section
776.032 of the Florida Statutes. See §
776.032, Fla. Stat. (2008) (commonly referred to as the "Stand Your Ground" law and providing that a person who uses force as authorized in sections
776.012,
776.013, or
776.031, "is immune from criminal prosecution and civil action for use of such force"); §
776.012, Fla....
0 red0 yellow12 green0 procedural
CopyCited 4 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 85, 2016 Fla. LEXIS 502, 2016 WL 916224
...the statute; courts need only give effect to the plain meaning of its terms. See State
v. Egan,
287 So. 2d 1, 4 (Fla. 1973).
In Florida, the laws concerning justifiable use of force are mostly codified in
Chapter 776 of the Florida Statutes.2 Section
776.012, “Use of force in defense of
person,” discusses the use of force, both deadly and non-deadly, in defense of
person:
A person is justified in using force, except deadly force, against
another when and to the e...
...Having occurred in 2010, the events in this case are governed by the 2010
Florida Statutes.
- 12 -
or another or to prevent the imminent commission of a forcible
felony; or
(2) Under those circumstances permitted pursuant to s.
776.013.
§
776.012, Fla....
...s a right to
be.
§
776.031 Fla. Stat. (2010) (emphasis supplied). In addition to providing a defense
to criminal charges, chapter 776 also provides immunities from criminal
prosecution and civil actions for conduct justified under sections
776.012,
776.013,
and
776.031....
...continues or resumes the use of force.
§
776.041, Fla. Stat. (2010) (emphasis supplied). The “preceding sections” include
those sections pertaining to defense of person, defense of others, the right to stand
one’s ground, and the associated immunities. See §§
776.012-.013,
776.031-.032,
- 14 -
Fla....
0 red0 yellow20 green0 procedural
CopyCited 9 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546
...any attempt to commit (applicable felony) upon [him] [her], or 3. any attempt to commit (applicable felony) upon or in any dwelling, residence, or vehicle occupied by [him] [her]. Insert and define applicable felony that defendant alleges victim attempted to commit. Give if applicable. §§
776.012,
776.031, Fla....
...However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend [himself] [herself] (or another), but only to the extent [he] [she] reasonably believes such force is necessary. See §
776.012, Fla. Stat.; Ivester v. State,
398 So.2d 926 (Fla. 1st DCA 1981) ; Jackson v. State,
463 So.2d 372 (Fla. 5th DCA 1985) . In some instances, the instructions applicable to §§
776.012,
776.031, or
776.041, Fla....
...It is a defense to the offense with which (defendant) is charged if the [death of] [injury *646 to] (victim) resulted from the justifiable use of non-deadly force. Definition. "Non-deadly" force means force not likely to cause death or great bodily harm. In defense of person. § 776.012, Fla....
...Give the following instruction if applicable. However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend [himself] [herself] [another], but only to the extent [he] [she] reasonably believes such force is necessary. See §
776.012, Fla. Stat.; Ivester v. State,
398 So.2d 926 (Fla. 1st DCA 1981) ; Jackson v. State,
463 So.2d 372 (Fla. 5th DCA 1985) . In some instances, the instructions applicable to §§
776.012,
776.031, or
776.041, Fla....
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | District Court, S.D. Florida | 2013 U.S. Dist. LEXIS 126951, 2013 WL 4714049
...Accordingly, Tavss’s use of a firearm would remain “operational” and not “discretionary,” and sovereign immunity would not apply. The City nonetheless argues that it is entitled to summary judgment on the basis of Florida’s justifiable-use-of-deadlyforee statute. *1377 Florida Statutes section 776.012 provides that “a person is justified in the use of deadly force” if “[h]e or she reasonably believes that 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.” Fla. Stat. § 776.012 (1). “A person who uses force as permitted in s. 776.012 ......
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Quote AuthorityThomas Grieb v. Kevin Rambosk, in his official capacity as Sheriff of Collier County, Sean Sweeney, in his individual capacity, Tatiana Ortega, in her individual capacity, Michael Garcia, in his individual capacity, Bryant McDuffie, in his individual capacity, and Joshua Robinson, in his individual capacity (2026)phrase: "see"
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2871859
...Ultimately, they found Mr. Jenkins guilty of the lesser offense of manslaughter without a weapon, an apparent partial jury pardon. Mr. Jenkins was sentenced as a habitual offender to twenty-five years' imprisonment, followed by five years' probation. Pursuant to section 776.012, Florida Statutes (2004), a "person is justified in the use of deadly force only if he or she reasonably believes that 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." See also Weiand v....
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CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1988 WL 103857
...contends that the trial court erred in sustaining the state's objection to E.B.'s testimony that he was aware that *1054 Randall had a reputation as a good fighter and that on a previous occasion Randall had threatened to beat E.B. A defendant who asserts that he acted in self-defense, § 776.012, Fla....
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CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2014 WL 1156296, 2014 Fla. App. LEXIS 4273
...The instructions clearly explained that the justifiable use of non-deadly force was a defense to the crime with which Appellant was charged and the instructions properly defined the term “non-deadly force.” The instructions then explained the elements of the defense, as provided in sections
776.012 and
776.013(3)....
...tack, Appellant was no longer in a place he was entitled to be and was engaged in unlawful activity (i.e., trespassing), so he was not entitled to the defense in section
776.013(3). Instead, Appellant’s claim of self-defense was governed solely by section
776.012, which authorizes “[a] person”— without the prerequisites in section
776.013(3) 9 — to use non-deadly force “when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself ... against the other’s imminent use of unlawful force.” The instructions given in this case correctly explained to the jury that, consistent with section
776.012, justifiable use of non-deadly force required proof of only two facts: (1) that Appellant reasonably believed that the use of force was necessary to defend himself against Perkins’ use of force, and (2) that Perkins’ use of force appeared to Appellant to be imminent....
...closing argument. Accordingly, the fact that there was a grammatical error in the portion of the instruction related to section
776.013(3) is harmless in this case because the record establishes that Appellant’s self-defense claim was governed by section
776.012, not section
776.013(3)....
...Accordingly, in this case, it was necessary and proper for the court to inform the jury that Appellant both did (if he was the found to be the initial aggressor) and did not (if Perkins was found to be the initial aggressor) have a duty to retreat. Compare §
776.041(2)(a), Fla. Stat. with §§
776.012,
776.013(3), Fla....
...3d DCA 1974) ("A conviction will not be reversed because a particular jury instruction has not been given where, on the whole, the charges as given are clear, comprehensive, and correct.”). . See Little v. State,
111 So.3d 214, 221 (Fla. 2d DCA 2013) (explaining that the requirements of sections
776.012 and
776.013(3) are not identical and that a person who does not meet the prerequisites in section
776.013(3)— not engaged in unlawful activity and attacked in any place outside the home where he or she has a right to be — would have to look to section
776.012 to determine whether the use of force was justified).
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CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1021575
...Thus, the state correctly posits that Wallace would only be entitled to use deadly force if, under his delusions, he reasonably believed that the victims were about to inflict imminent bodily harm upon him. See Weiand v. State,
732 So.2d 1044 (Fla.1999); §
776.012, Fla....
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CopyCited 2 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 411, 2015 WL 4112414, 2015 Fla. LEXIS 1470
...Bretherick filed a motion to dismiss under Florida Rule of Criminal
Procedure 3.190(b), claiming immunity from prosecution under section
776.032,
Florida Statutes, Florida’s “Stand Your Ground” law. The Stand Your Ground law
provides that when a person uses force as permitted by sections
776.012,
776.013,
or
776.031, Florida Statutes (2011), the person is entitled to immunity from
criminal prosecution....
...Section
776.032 & This Court’s Decision in Dennis
Florida’s Stand Your Ground law provides in pertinent part as follows:
Immunity from criminal prosecution and civil action for
justifiable use of force.—
(1) A person who uses force as permitted in s.
776.012, s.
776.013, or s.
776.031[4] is justified in using such force and is
immune from criminal prosecution and civil action for the use of such
force, unless the person against whom force was used is a law
4. Section
776.012, Florida Statutes (2011), provides:
A person is justified in using force, except deadly force, against
another when and to the extent that the person reasonably believes
that such conduct is necessary to defe...
...ity from criminal
prosecution, but instead provided immunity only to those whose use of force was
justified, as specified by statute. See §
776.032, Fla. Stat. (providing that the use
of force is justified only when used as permitted by sections
776.012,
776.013, or
776.031)....
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CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3034856
...felony at the time he was killed. See, e.g., §
784.045, Fla. Stat. (2003) (defining aggravated battery). However, whether Mr. Byers was committing aggravated battery at the time he was killed depends on whether his use of force was justifiable. See §
776.012, Fla....
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CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1162934
...ustified in the use of 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 such other's imminent use of unlawful force. § 776.012, Fla....
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CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2013 WL 5354419, 2013 Fla. App. LEXIS 15243
...[A] person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that 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[.] § 776.012, Fla....
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CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 724024
...guilty of criminal mischief, withheld adjudication, and placed him on probation. II. Analysis A. Self-Defense D.M.L. argues as a threshold matter that the trial court improperly excluded evidence on the basis that D.M.L. could not assert a defense of self-defense to the offense of criminal mischief. Section 776.012, Florida Statutes (2006), provides that "[a] person is justified in using force, except deadly force, against another when and to the extent that the *673 person reasonably believes that such conduct is necessary to defend himself or...
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CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1990 WL 41210
...Defendants acknowledge that pursuant to section
782.04, a person may be charged with felony murder if that person, while "engaged in the perpetration of, or in the attempt to perpetrate" cocaine trafficking, kills another human being. However, they contend that they are entitled to raise the defense of self-defense, §
776.012, Fla....
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CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 498397
...[The State Attorney argues] that the [phrase] "reasonably believes" as used in Florida Statute §
787.04(5) is not a new concept in the Florida criminal law. A number of Florida criminal statutes afford the defendant an affirmative defense based on his reasonable belief. Specifically §
776.012 Fla....
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CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 2964907
...61, 74,
120 S.Ct. 1119,
146 L.Ed.2d 47 (2000), that "[a]lthough there might be reason to reconsider Doyle, we need not do so here." Despite this harbinger, Doyle appears to remain good law today. [3] State v. DiGuilio,
491 So.2d 1129, 1131 (Fla.1986). [4] See also §
776.012, Fla....
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CopyCited 5 times | Published | Florida 1st District Court of Appeal
...This standard jury instruction is not a totally correct statement of Florida law. It is based on section
776.051(1), Florida Statutes (1981). [1] In Invester *102 v. State,
398 So.2d 926 (Fla. 1st DCA 1981), rev. denied,
412 So.2d 470 (Fla. 1982), we held that section
776.051 must be read in pari materia with section
776.012, Florida Statutes, which justifies the use of force in certain circumstances....
...SMITH, Jr., C.J., and THOMPSON, J., concur. NOTES [1] Section
776.051(1), Florida Statutes (1981) states: A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. [2] Section
776.012, Florida Statutes (1981) states: A person is justified in the use of force, except deadly force, against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force....
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CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2013 WL 5849486, 2013 Fla. App. LEXIS 17324
...y denied. A person is justified in using deadly force when he or she reasonably believes such force is necessary to prevent imminent death or great bodily harm to him or herself or another, or to prevent the imminent commission of a forcible felony. § 776.012, Fla....
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CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 31815
...Additionally, a "person is justified in the use of deadly force only if he or she reasonably believes that 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." § 776.012, Fla....
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CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2468695
...assault or battery may have been fatal to any conviction based upon this charge. A person is justified in committing a battery when that person believes the battery is necessary to defend himself against another's imminent use of unlawful force. See § 776.012, Fla.Stat....
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CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 WL 1916699
...A motion for judgment of acquittal should not be granted unless "the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law." Lynch v. State,
293 So.2d 44, 45 (Fla.1974). Section
776.012, Florida Statutes (1997), permits the use of deadly force against another, "only if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself." Whether a person was...
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CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 464147
...1st DCA 1990). See also Roberts v. State,
425 So.2d 70, 71 (Fla. 2d DCA 1982), review denied,
434 So.2d 888 (Fla.1983)("Depravity of mind means malice in the sense of ill will, hatred, spite or evil intent"). The use of force in defense of person is governed by section
776.012, Florida Statutes, which states: A person is justified in the use of force, except deadly force, against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force....
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CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 43189
...In Diaz, supra at 980, wherein the defendant was the only witness to the killing, the court ruled: The defendant's direct testimony concerning the victim's threats and his menacing approach together with the defendant's assertion that he was in fear of his life made out a prima facie case of self defense under Section 776.012, Florida Statutes (1977)....
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CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1999 WL 43521
...tatement given to law enforcement was self-defense. No evidence indicated that Feltz had attacked Adams with a weapon. To support his use of deadly force, Adams contended that Feltz was in the process of committing a forcible felony directed at him. Section 776.012, Florida Statutes (1993), defines self-defense as follows: 776.012 Use of force in defense of person.A person is justified in the use of force, except deadly force, against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force....
...The 1995 Legislature added aggravated stalking to the list of enumerated forcible felonies recited in section
776.08. We presume that Adams' contention that aggravated stalking was a forcible felony in 1993 (the year of the offense) for the purpose of section
776.012 is under the catch-all "other felony" language of section
776.08 as it existed in 1993.
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CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2014 WL 1696187, 2014 Fla. App. LEXIS 6260
...hearing to determine whether Alvarez was justified in using force against the plaintiff below, Derrick Roy Flemmings, under Florida’s Stand Your Ground Law, we grant the petition and remand for further proceedings consistent with this opinion. See § 776.012, Fla....
...1 For the following reasons, we find that principles of res judicata/collateral estop-pel do not apply, but nevertheless remand for an evidentiary hearing on Alvarez’ entitlement to immunity from the instant civil action. Res judicata/collateral estoppel do not apply Section
776.012 provides for justifiable use of force in defense of person: A person is justified in using 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. [[Image here]] §
776.012, Fla. Stat. (2014). Section
776.032 provides that a person who uses such justifiable force receives immunity for the use of that force: (1) A person who uses force as permitted in s.
776.012, s....
...Under these statutes, once the criminal circuit court made the legal determination that Alvarez’ use of force against Flemmings was justified, Alvarez was entitled to immunity from criminal prosecution for aggravated battery with a deadly weapon and the criminal charges were dismissed. See §§
776.012,
776.032(1), Fla....
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CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida.
constituted lawful force pursuant to Fla. Stat. §
776.012; (3) justifiable use of force necessary to prevent
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CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 3620, 39 Fla. L. Weekly Fed. D 543
was used is a law enforcement officer.... Section
776.012 (“Use of force in defense of person”) provides
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22956113
So.2d 1044, 1049 (Fla. 1999). Specifically, section
776.012, Florida Statutes (1995), provides that "a
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CopyCited 2 times | Published | District Court of Appeal of Florida
from harm. See Smith, 76 So. 3d at 383. Section
776.012 governs the justifiable use of force in defense
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CopyCited 2 times | Published | District Court of Appeal of Florida
the imminent commission of a forcible felony.” §
776.012(2), Fla. Stat. In most cases, a person in a fist
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CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17021
not precluded from seeking immunity under section
776.012, Florida Statutes (2011),3 even though the
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CopyCited 1 times | Published | Supreme Court of Florida
777 , 778 (Fla. 1st DCA 1968) ). Section
776.012, part of the Stand Your Ground law, provides
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CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2017 WL 4280598
correctly points out that the 2012 version of section
776.012 did not require him to prove that he was not
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CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 11, 2021
wounding or killing him. See Fla. Stat. §
776.012(2) (providing that a person’s use of deadly
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CopyCited 1 times | Published | District Court of Appeal of Florida
the use of force is justified pursuant to section
776.012, Florida Statutes. At the motion hearing
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CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 6479037
because the motion to dismiss was based on section
776.012, and not
776.013. Nevertheless, the court determined
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CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 19, 2023
Court 19-10332 Stat. §
776.012(2) (2021). The determination of whether the force
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CopyCited 1 times | Published | Supreme Court of Florida | 2016 WL 2586287
[or] [threat of force] is necessary. See §
776.012, Fla. Stat.; Ivester v. State,
398 So.2d 926 (Fla
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CopyCited 1 times | Published | District Court, M.D. Florida
or great bodily harm to himself." Fla. Stat. §
776.012(2). As a consequence, an officer "may not arrest
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CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 WL 804031
factfinder's determination. Banks, 732 So.2d at 1067. Section
776.012, Florida Statutes (2010), provides: A person
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CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 4462985
the justifiable use of force as codified by section
776.012, from a person who acts in one of two ways:
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CopyCited 2 times | Published | Florida 2nd District Court of Appeal
defense, which was self-defense pursuant to section
776.012(1), Florida' Statutes (2012). Eady asserts
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 3158
factfinder’s determination. Banks, 732 So.2d at 1067. Section
776.012, Florida Statutes (2010), provides: A person
CopyPublished | District Court of Appeal of Florida
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CopyCited 1 times | Published | District Court of Appeal of Florida
to pursue a Stand Your Ground defense under section
776.012, Florida Statutes (2012); failing to move to
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CopyPublished | Florida 1st District Court of Appeal
incorrect statement of then-existing law. Section
776.012(1), Florida Statutes (2010) — the sole statute
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CopyPublished | District Court of Appeal of Florida
limitation on the defense available under section
776.012(1). Because the instruction failed to distinguish
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CopyPublished | Florida 5th District Court of Appeal
circumstances involved in the shooting fell under section
776.012 rather than
776.013. See Miles v. State, 162
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CopyPublished | Florida 1st District Court of Appeal
that his use of force was justified under section
776.012, Florida Statutes (2011), because he reasonably
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CopyPublished | District Court of Appeal of Florida
prevent imminent death or great bodily harm.” See §
776.012(2), Fla. Stat. Nor did he show that the use of
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CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 3170281
prevent imminent death or great bodily harm. §
776.012, Fla. Stat. (2006). The defense explained that
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CopyCited 1 times | District Court of Appeal of Florida
... had incorrectly implied the defendant had a duty to retreat under the evidence presented. Section
776.012(2), Florida Statutes (2021), provides: A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to ...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 3868
self-defense to the offense of criminal mischief. Section
776.012, Florida Statutes (2006), provides that “[a]
CopyCited 1 times | District Court of Appeal of Florida
... dismiss his charge of attempted second- degree murder invoking immunity under sections
776.032 and
776.012, Florida Statutes; and (2) that defense counsel failed to convey to him a minimum mandatory ten-year plea offer from the State. We affirm on both grounds. ...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 WL 18679
admissible." §
90.402, Fla. Stat. (2007). Section
776.012 authorizes the use of non-deadly force against
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CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 WL 34808
is necessary to prevent great bodily harm. See §
776.012, Fla. Stat. (2004);[1]Berrios v. State, 781 So
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 314027
COPE, and RAMIREZ, JJ. PER CURIAM. Affirmed. §
776.012, §
784.03, Fla. Stat. (2007); R.I. v. State, 561
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13927
the imminent commission of a forcible felony.” §
776.012(2). However, nondeadly force may be used when
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CopyPublished | Supreme Court of Florida
dwelling and had the right to be there while §
776.012(1), and §
776.031(2), Fla. Stat., cover other
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CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 6, 2024
of a forcible felony.” See Fla. Stat. §
776.012(2) (emphasis added); Fla. Std. Jury Instr. (Crim)
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CopyPublished | District Court of Appeal of Florida
immune from prosecution pursuant to §
776.032 and §
776.012.” The instant petition followed. While
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CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18940
would have been relevant to the defense. Under Section
776.012, Florida Statutes, a person always has the
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CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 11067, 25 Fla. L. Weekly Fed. D 2083
the imminent commission of a forcible felony.” §
776.012, Fla. Stat. (1995). Florida law also permits the
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CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 1733282
the imminent commission of a forcible felony." §
776.012, Fla. Stat. (2000)[1] (emphasis added). The defendant
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CopyPublished | Florida 5th District Court of Appeal
reasonable probability of a different result. Section
776.012(2), Florida Statutes (2017), marks the boundaries
CopyPublished | District Court of Appeal of Florida
defender was not engaged in unlawful activity. Section
776.012(1), Florida Statutes (2013) lacked the unlawful
CopyPublished | District Court of Appeal of Florida
Bolduc's self-defense theory was based on section
776.012(1), Florida Statutes (2011), governing use
CopyPublished | Florida 4th District Court of Appeal
in a place where he or she has a right to be.” §
776.012(2), Fla. Stat. A defendant need only raise a prima
CopyPublished | Florida 4th District Court of Appeal
imminent commission of a forcible felony.” §
776.012(2), Fla. Stat. (2015). “The conduct of a
CopyPublished | Supreme Court of Florida
or s.
776.031.” Id. Relevant to this case, section
776.012 provides: (1) A person is justified
CopyPublished | Florida 3rd District Court of Appeal
BOKOR, JJ. PER CURIAM. Affirmed. See §
776.012(1), Fla. Stat. (2023) (providing in pertinent
CopyPublished | Florida 4th District Court of Appeal
dismiss the prosecution based on immunity under section
776.012(2), Florida Statutes (2022) (providing for
CopyPublished | District Court of Appeal of Florida
dismiss based on the Stand Your Ground law. Section
776.012(1), Florida Statutes (2019), states in pertinent
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2310, 1988 Fla. App. LEXIS 4511
defendant who asserts that he acted in self-defense, §
776.012, Fla.Stat. (1985), must lay a proper foundation
CopyPublished | District Court of Appeal of Florida
“Stand Your Ground” law. As it read in 2010, section
776.012 of Florida’s Stand Your Ground law stated,
CopyPublished | District Court of Appeal of Florida
CopyPublished | Florida 4th District Court of Appeal
CopyPublished | Court of Appeals for the Eleventh Circuit
law, “[a] person who uses force as permitted in §
776.012 . . . is justified in using such force and is
CopyPublished | District Court of Appeal of Florida
the imminent commission of a forcible felony.” §
776.012(2), Fla. Stat. (2020).
CopyPublished | District Court of Appeal of Florida
facie claim of self-defense immunity. 1 Section
776.012(1) provides as follows: (1) A person
CopyPublished | District Court of Appeal of Florida
defendant to be immune from prosecution under section 776.12(2). Id. at 460. See also State v. Yaqui, 51
CopyPublished | Florida 6th District Court of Appeal
immune from criminal prosecution . . . .” Section
776.012, Florida Statute (2023), provides:
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 7220
such other’s imminent use of unlawful force. §
776.012, Fla. Stat. (2003) (emphasis added). The State
CopyPublished | District Court of Appeal of Florida
CopyPublished | Florida 6th District Court of Appeal
Judd and the Deputies answered that under section
776.012(2), Florida Statutes (2017), the Deputies were
CopyPublished | Florida 3rd District Court of Appeal
immune from criminal prosecution . . . .” Section
776.012(2), in turn, provides, A person is justified
CopyPublished | District Court of Appeal of Florida
justifiable use of force are met.”) Section
776.012(2), Florida Statutes (2016) (“Use or threatened
CopyPublished | District Court of Appeal of Florida
prosecution provided in subsection (1). Section
776.012(2), Florida Statutes (2020) provides:
CopyPublished | District Court of Appeal of Florida
CopyPublished | Florida 4th District Court of Appeal
their person as permitted by section
776.012, Florida Statutes. Section
776.012, in turn, provides:
CopyPublished | Florida 6th District Court of Appeal
this portion of the instruction implements Section
776.012(2), Florida Statutes (2014), entitled, “Use
CopyPublished | Florida 6th District Court of Appeal
this portion of the instruction implements Section
776.012(2), Florida Statutes (2014), entitled, “Use
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
is entitled to self-defense immunity under section
776.012(2), Florida Statutes (2020). We agree, and
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
bodily harm to the person or to another person. §
776.012, Fla. Stat. Self- defense was and is an affirmative
CopyPublished | District Court of Appeal of Florida
justifiable use of deadly force pursuant to section
776.012, Florida Statutes, rather than the version
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 2088390
such other's imminent use of unlawful force." §
776.012, Fla. Stat. (2003). Although Hull argues that
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CopyPublished | Florida 4th District Court of Appeal
the imminent commission of a forcible felony.” §
776.012(2), Fla. Stat. (2023) (emphasis added). Florida
CopyPublished | District Court of Appeal of Florida
Fla. Std. Jury Instr. (Crim.) 3.6(f); see also §
776.012(2), Fla. Stat. (2016) (“A * In 2018, the
CopyPublished | District Court of Appeal of Florida
So. 3d 738, 740 (Fla. 1st DCA 2018) (quoting §
776.012(2), Fla. Stat.); see also §
782.02, Fla. Stat
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 175, 1990 WL 2077
entitled to use such force in self defense under Section
776.012, Florida Statutes (1987), given the above-stated
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CopyPublished | District Court of Appeal of Florida
aggressor during the altercation on August 26. §
776.012(2), Fla. Stat. (2014) (providing a justification
CopyPublished | Florida 6th District Court of Appeal
(Fla. July 24, 2024). 5 See also §
776.012(2), Fla. Stat. (2012) (“[A] person is justified
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18712
State,
252 So.2d 243 (Fla. 4th DCA 1981). See § 776.-012, Fla.Stat. (1981). Because the substance of the
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CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 465, 1985 Fla. App. LEXIS 12504
to use force in defense of his person under section
776.012. This issue was addressed in Ivester v. State
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CopyPublished | District Court of Appeal of Florida
incorrect statement of then-existing law. Section
776.012(1), Florida Statutes (2010) – the sole statute
CopyPublished | Supreme Court of Florida
dwelling and had the right to be there while §
776.012(1), and §
776.031(2), Fla. Stat., cover other situations
CopyPublished | Supreme Court of Florida
dwelling and had the right to be there while §
776.012(1), and §
776.031(2), Fla. Stat., cover other situations
CopyPublished | Supreme Court of Florida
to a reasonable belief that 2. Section
776.012(2), Florida Statutes (2019), provides in part:
CopyPublished | Supreme Court of Florida
CopyPublished | Florida 1st District Court of Appeal
death or great bodily harm to himself under section
776.012(2), Florida Statutes. At the evidentiary
CopyPublished | Florida 2nd District Court of Appeal
did not preclude his claim of immunity under section
776.012(1)).2 Dooley argues that the erroneous instruction
CopyPublished | Florida 4th District Court of Appeal
prevent imminent death or great bodily harm.” §
776.012(2), Fla. Stat. (2021); see also §
776.032(1) Fla
CopyPublished | District Court of Appeal of Florida
740 (Fla. 1st DCA 2018) (citing Fla. Stat. §
776.012(2)). However, “[i]n most cases, a person in a
CopyPublished | District Court of Appeal of Florida
(citing §
776.032(1), Fla. Stat. (2017)); see also §
776.012(2), Fla. Stat. (2017). Under the statute, a criminal
