Florida Statute 776.41 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

View Entire Chapter

F.S. 776.041

776.041 Use or threatened use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

History.—s. 13, ch. 74-383; s. 1190, ch. 97-102; s. 7, ch. 2014-195.

F.S. 776.041 on Google Scholar

F.S. 776.041 on CourtListener

Amendments to 776.041

Annotations, Discussions, Cases:

Cases Citing Statute 776.041

Total Results: 93

Emerson Pinkney v. Secretary, Department of Corrections

876 F.3d 1290

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

Cited 180 times | Published

the commission of, a forcible felony ....” Id. § 776.041(1). Florida courts have held that the forcible

Perkins v. State

576 So. 2d 1310, 1991 WL 33012

Supreme Court of Florida | Filed: Mar 14, 1991 | Docket: 1669839

Cited 112 times | Published

felony" as defined in Florida Statutes. Under section 776.041(1), Florida Statutes (1987), the defense of

Standard Jury Instructions-Criminal Cases

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

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

Cited 75 times | Published

force not likely to cause death or great bodily F.S. 776.041 harm is not justifiable if you find: Give if

Giles v. State

831 So. 2d 1263, 2002 WL 31828750

District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 2515259

Cited 74 times | Published

of defense). The instruction was based on section 776.041(1), Florida Statutes (2002), which provides:

The Florida Bar Re: Standard Jury Instructions Criminal Cases

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

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

Cited 72 times | Published

The use of force not likely to cause death or F.S. 776.041 great bodily harm is not justifiable

Martinez v. State

981 So. 2d 449, 2008 WL 450327

Supreme Court of Florida | Filed: Feb 21, 2008 | Docket: 468175

Cited 66 times | Published

Battery. . . . Id. at 1157 (emphasis supplied); see § 776.041(1), Fla. Stat. (2006). Martinez did not raise

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

976 So. 2d 1081, 2008 WL 596805

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

Cited 57 times | Published

alleges victim was about to commit. Aggressor. § 776.041, Fla. Stat. However, the use of deadly force is

Marshall v. State

604 So. 2d 799, 1992 WL 163965

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 57019

Cited 42 times | Published

aggravated battery. We find no error. Under section 776.041(1), Florida Statutes (1987), self defense is

Ivester v. State

398 So. 2d 926

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

Cited 38 times | Published

himself against excessive force are limited. § 776.041. Fla. Stat. (1974); contrast with Gray v. State

Rich v. State

858 So. 2d 1210, 2003 WL 22658051

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 2578287

Cited 32 times | Published

that this instruction, which is based upon section 776.041, Florida Statutes (2002), was applicable only

Cleveland v. State

887 So. 2d 362, 2004 WL 1530876

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 466607

Cited 24 times | Published

The forcible felony instruction was based on section 776.041(1), Florida Statutes (2002), which is applicable

Martinez v. State

933 So. 2d 1155, 2006 WL 1331498

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1309198

Cited 21 times | Published

in the Standard Jury Instructions: Aggressor § 776.041, Fla. Stat. However, the use of force likely to

Velazquez v. State

884 So. 2d 377, 2004 WL 2008476

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 2528385

Cited 20 times | Published

with a Weapon." This instruction, based on section 776.041(1), Florida Statutes (2002), "is applicable

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

930 So. 2d 612, 2006 WL 1471998

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

Cited 19 times | Published

alleges victim was about to commit. Aggressor. § 776.041, Fla. Stat. However, the use of deadly force likely

Fair v. Crosby

858 So. 2d 1103, 2003 WL 22400708

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 460777

Cited 19 times | Published

court gave the following instruction, based on section 776.041(1), Florida Statutes (1999)[1]: However, the

Baker v. State

877 So. 2d 856, 2004 WL 1535170

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 1684526

Cited 18 times | Published

Essentially, the jury was instructed that [section] 776.041(1) would apply to preclude a self defense

Holland v. State

916 So. 2d 750, 2005 WL 3005543

Supreme Court of Florida | Filed: Nov 10, 2005 | Docket: 2518538

Cited 15 times | Published

Marshall v. State, 604 So.2d 799, 803 (Fla.1992); § 776.041, Fla. Stat. (1989). 2. FAILURE TO CHALLENGE TRIAL

Dunnaway v. State

883 So. 2d 876, 2004 WL 2101810

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 1718272

Cited 15 times | Published

defense. The language at issue is based on section 776.041(1), Florida Statutes, which states that use

Grier v. State

928 So. 2d 368, 2006 WL 471701

District Court of Appeal of Florida | Filed: Mar 1, 2006 | Docket: 1405941

Cited 14 times | Published

exception to self defense is predicated "on section 776.041(1) of the Florida Statutes which is applicable

Carter v. State

889 So. 2d 937, 2004 WL 2924149

District Court of Appeal of Florida | Filed: Dec 17, 2004 | Docket: 1742727

Cited 14 times | Published

second degree, or manslaughter." It is based on section 776.041(1), Florida Statutes, which "is applicable

Hernandez v. State

884 So. 2d 281, 2004 WL 1810248

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1683055

Cited 14 times | Published

Essentially, the jury was instructed that [section] 776.041(1) would apply to preclude a self-defense

Estevez v. State

901 So. 2d 989, 2005 WL 1109584

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 1666251

Cited 12 times | Published

given by the court (see infra) is based on section 776.041(1), Fla. Stat., which provides in pertinent

Thomas v. State

918 So. 2d 327, 2005 WL 3041508

District Court of Appeal of Florida | Filed: Nov 15, 2005 | Docket: 1361372

Cited 11 times | Published

felony" exception to self-defense, based on section 776.041(1), Florida Statutes (2001). Analysis Appellant

Barnes v. State

868 So. 2d 606, 2004 WL 438504

District Court of Appeal of Florida | Filed: Mar 11, 2004 | Docket: 1510607

Cited 11 times | Published

The forcible felony instruction was based on section 776.041(1), Florida Statutes (2002), which by its plain

Estevez v. Crosby

858 So. 2d 376, 2003 WL 22493683

District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 1513528

Cited 11 times | Published

after the commission of aggravated battery." See § 776.041(1), Fla. Stat. (2001).[1] Defense counsel did

Bowes v. State

500 So. 2d 290, 12 Fla. L. Weekly 48

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 1689484

Cited 11 times | Published

a third-degree non-forcible felony murder. Section 776.041(1), Florida Statutes (1985), denies a defendant

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

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

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

Cited 9 times | Published

are listed in § 776.08, Fla. Stat. Aggressor. § 776.041, Fla. Stat. However, the use of deadly force is

Hawk v. State

902 So. 2d 331, 2005 WL 1250238

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1675024

Cited 9 times | Published

(emphasis added). This instruction is based on section 776.041(1), Florida Statutes, which states: 776.041

Sipple v. State

972 So. 2d 912, 2007 WL 4206964

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1650052

Cited 8 times | Published

about emanates from a legislative enactment, section 776.041(1), Florida Statutes, which provides that the

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

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

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

Cited 8 times | Published

where [he] [she] has a right to be. Aggressor. § 776.041, Fla. Stat. The use of non-deadly force is not

York v. State

932 So. 2d 413, 2006 WL 1041816

District Court of Appeal of Florida | Filed: Apr 21, 2006 | Docket: 1285689

Cited 8 times | Published

erroneous language in the instruction was based on section 776.041(1), Florida Statutes (2001), which provides

Williams v. State

901 So. 2d 899, 2005 WL 906166

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1666242

Cited 8 times | Published

1239, 1239-40 (Fla. 2d DCA 2004). To give the section 776.041(1) jury instruction in a case such as this

Davis v. State

886 So. 2d 332, 2004 WL 2559689

District Court of Appeal of Florida | Filed: Nov 12, 2004 | Docket: 2515260

Cited 8 times | Published

and by giving a jury instruction based on section 776.041, Florida Statutes, effectively negating his

Morgan v. State

127 So. 3d 708, 2013 WL 6122269, 2013 Fla. App. LEXIS 18569

District Court of Appeal of Florida | Filed: Nov 22, 2013 | Docket: 60236827

Cited 7 times | Published

escaping after the commission of a forcible felony. § 776.041, Fla. Stat. (2011); Fla. Std. Jury Instr. (Crim

Smith v. State

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

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

Cited 7 times | Published

after the commission of, a forcible felony[.] § 776.041(1), Fla. Stat. (2009). Although a "forcible felony

Vila v. State

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

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

Cited 7 times | Published

the use of force against himself or herself, § 776.041(1) & (2), Fla. Stat. (2010). Though not clear

McJimsey v. State

959 So. 2d 1257, 2007 WL 1931355

District Court of Appeal of Florida | Filed: Jul 5, 2007 | Docket: 1525680

Cited 6 times | Published

previously held this instruction, based on section 776.041(1), Florida Statutes (2004), to be fundamental

Shepard v. Crosby

916 So. 2d 861, 2005 WL 2656266

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1187520

Cited 6 times | Published

the defendant was taken from the language of section 776.041(1), Florida Statutes (2002),[1] which concerns

Jenkins v. State

884 So. 2d 1014, 2004 WL 2270289

District Court of Appeal of Florida | Filed: Oct 11, 2004 | Docket: 1683041

Cited 6 times | Published

with whom he had negotiated a drug deal, and section 776.041(1), Florida Statutes, precludes a claim of

McGahee v. State

600 So. 2d 9, 1992 WL 98329

District Court of Appeal of Florida | Filed: May 12, 1992 | Docket: 2515263

Cited 6 times | Published

justification. The instruction was obviously based on section 776.041(1), Florida Statutes (1991): 776.041 Use of

Sims v. State

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

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

Cited 5 times | Published

initial aggressor) have a duty to retreat. Compare § 776.041(2)(a), Fla. Stat. with §§ 776.012, 776.013(3)

Blanton v. State

956 So. 2d 480, 2007 WL 700948

District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 1481177

Cited 5 times | Published

" This instruction, which is founded upon section 776.041, Florida Statutes (2003), essentially limits

Houston v. State

919 So. 2d 489, 2005 WL 3116108

District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 1678516

Cited 5 times | Published

battery." This instruction, which is based on section 776.041(1), Florida Statutes (2003), is applicable

State v. Perkins

558 So. 2d 537, 1990 WL 41210

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

Cited 5 times | Published

them. While recognizing that, pursuant to section 776.041, Fla. Stat. (1987), a self-defense claim is

State of Florida v. Robert Franklin Floyd

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

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

Cited 4 times | Published

776.032(1), Fla. Stat. (2010). However, section 776.041, “Use of force by aggressor,” provides an exception

Anthony Cruz v. State of Florida

189 So. 3d 822, 2015 Fla. App. LEXIS 7645, 2015 WL 2393281

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679340

Cited 4 times | Published

force with force, including deadly force-”); § 776.041(2), Fla. Stat; (2008) (“The justification described

Santiago v. State

88 So. 3d 1020, 2012 WL 1889281, 2012 Fla. App. LEXIS 8305

District Court of Appeal of Florida | Filed: May 25, 2012 | Docket: 60308109

Cited 4 times | Published

very likely that the instruction given under section 776.041, Florida Statutes (2000), was incorrect. See

Barnes v. State

12 So. 3d 797, 2009 Fla. App. LEXIS 4423, 2009 WL 1254712

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 1647014

Cited 4 times | Published

escaping after the commission of a forcible felony. § 776.041(1), Fla. Stat. (1999). Trial courts have undoubtedly

Cancel v. State

985 So. 2d 1127, 2008 WL 2309001

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1673180

Cited 4 times | Published

escaping after committing a forcible felony. § 776.041(1), Fla. Stat. (2007). Second, where the person

Byers v. Radiant Group, LLC

966 So. 2d 506, 2007 WL 3034856

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

Cited 4 times | Published

against another in defense of others). But see § 776.041 (restricting the circumstances in which an individual

Sloss v. State

965 So. 2d 1204, 2007 WL 2735683

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1509227

Cited 4 times | Published

(Emphasis added). This instruction is based on section 776.041(1), Florida Statutes (2003), which provides

Bertke v. State

927 So. 2d 76, 2006 WL 888740

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1764942

Cited 4 times | Published

forcible felony." The exception is based on section 776.041(1), Florida Statutes (2001), and is only applicable

Darling v. State

81 So. 3d 574, 2012 Fla. App. LEXIS 3132, 2012 WL 636305

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 60305951

Cited 3 times | Published

not apply to a person who provokes the attack. § 776.041(2), Fla. Stat. (2007). There are only two exceptions

Ocasio v. State

994 So. 2d 1258, 2008 WL 5156626

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1666686

Cited 3 times | Published

This self-defense instruction derives from section 776.041(1), and we explained in Rich v. State, 858

Barnes v. State

932 So. 2d 589, 2006 WL 1788180

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1684677

Cited 3 times | Published

J. and SHARP, W., J., concur. NOTES [1] See § 776.041, Fla. Stat. (2002).

Brozey v. State

911 So. 2d 867, 2005 WL 2372070

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1500721

Cited 3 times | Published

instruction we address is based upon the wording in section 776.041(1), Florida Statutes (2000), which states that

LISA ANN GRANT v. STATE OF FLORIDA

266 So. 3d 203

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

Cited 2 times | Published

force. § 776.012(1)–(2), Fla. Stat. (2014). Section 776.041, however, provides an exception to the justifiable

Roberts v. State

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

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

Cited 2 times | Published

Fla. Stat. (2009) (emphasis added). Further, section 776.041, titled “Use of force by aggressor,” states

Gregory v. State

141 So. 3d 651, 2014 WL 2741480, 2014 Fla. App. LEXIS 9198

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60242001

Cited 2 times | Published

forcible-felony exception is derived from section 776.041, Florida Statutes (2010), which provides that

Johnson v. State

65 So. 3d 1147, 2011 Fla. App. LEXIS 11369, 2011 WL 2848663

District Court of Appeal of Florida | Filed: Jul 20, 2011 | Docket: 2361563

Cited 2 times | Published

an erroneous jury instruction incorporating section 776.041(1) of the aggressor instruction where the defendant

Redding v. State

41 So. 3d 353, 2010 Fla. App. LEXIS 10688, 2010 WL 2867953

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 2400747

Cited 2 times | Published

after the commission of, a forcible felony." § 776.041, Fla. Stat. (2009). An instruction on the forcible-felony

Clark v. State

23 So. 3d 1213, 2009 Fla. App. LEXIS 16364, 2009 WL 3618588

District Court of Appeal of Florida | Filed: Nov 4, 2009 | Docket: 1657726

Cited 2 times | Published

forcible-felony-exception to a claim of self defense. See § 776.041(1), Fla. Stat. (1999) (prohibiting the use of

Stoute v. State

987 So. 2d 748, 2008 WL 2663471

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 1724388

Cited 2 times | Published

forcible felony defense instruction is based on section 776.041(1), Florida Statutes (2000), which provides

Granberry v. State

967 So. 2d 1044, 2007 WL 3223989

District Court of Appeal of Florida | Filed: Nov 2, 2007 | Docket: 1733595

Cited 2 times | Published

forcible felony exclusionary charge described in section 776.041(1), Florida Statutes (2002), as part of the

Jackson v. State

935 So. 2d 107, 2006 WL 2265431

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1671132

Cited 2 times | Published

complained-of jury instructions have their genesis in section 776.041, Florida Statutes (2003), entitled "Use of

Swanson v. State

921 So. 2d 852, 2006 WL 508339

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 57296

Cited 2 times | Published

aggravated battery." This instruction, based on section 776.041(1), Florida Statutes (2003), "is applicable

Rivera v. State

274 So. 3d 537

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64718356

Cited 1 times | Published

victim continued or resumed the use of force. See § 776.041 (2), Fla. Stat. (2014) ; State v. Floyd, 186 So

Cook v. State

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

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

Cited 1 times | Published

after the commission of, a forcible felony.” § 776.041(1). Burglary is a foreible felony. § 776.08.

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

191 So. 3d 411, 2016 WL 2586287

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

Cited 1 times | Published

The forcible felony instruction is based on section 776.041(1), Florida Statutes (2015), and instructs

Furney v. State

115 So. 3d 1095, 2013 Fla. App. LEXIS 10068, 2013 WL 3197150

District Court of Appeal of Florida | Filed: Jun 26, 2013 | Docket: 60232092

Cited 1 times | Published

sole defense. The instruction was based on section 776.041, Florida Statutes (2002), which provides in

Santiago v. State

76 So. 3d 1027, 2011 Fla. App. LEXIS 19904, 2011 WL 6183473

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 2352835

Cited 1 times | Published

present at the new sentencing. NOTES [1] Under section 776.041(1), Florida Statutes (1987), the defense of

GARRELL v. State

972 So. 2d 240, 2007 WL 4462985

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

Cited 1 times | Published

Deadly Force." Its statutory point of origin is section 776.041, Florida Statutes (2003). Titled "Use of Force

Moore v. State

912 So. 2d 1252, 2005 WL 2806862

District Court of Appeal of Florida | Filed: Oct 28, 2005 | Docket: 2581948

Cited 1 times | Published

defined." This instruction, which is based on section 776.041(1), Florida Statutes (2002), is applicable

Eric Laurice Smith v. State of Florida

District Court of Appeal of Florida | Filed: Aug 8, 2025 | Docket: 71059632

Published

Legislature has prohibited the use of self-defense. Section 776.041(1), Florida Statutes (2022), provides that

Raulerson v. State of Florida

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

Published

after the commission of, a forcible felony.” § 776.041(1), Fla. Stat. Moreover, a person “engaged in

Smith v. State of Florida

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

Published

have had in mind, and which we now address. Section 776.041, Florida Statutes, completely forecloses the

DEANDRE LADALE PETERSON vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 24, 2023 | Docket: 68034730

Published

instruction at issue in this appeal derives from section 776.041(1), Florida Statutes (2014), which provides

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

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

Published

transport people or property. Aggressor. § 776.041(1), Fla. Stat. Give if applicable and only in

DANIEL HUDSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 21, 2019 | Docket: 16090309

Published

after the commission of, a forcible felony.” § 776.041(1), Fla. Stat. (2018). This exception applies

Amos Moorer v. State of Florida

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

Published

Fla. Std. Jury Instr. (Crim.) 3.6(f); see also § 776.041, Fla. Stat. (2016) (“The justification described

Rivera v. State

274 So. 3d 537

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64718357

Published

victim continued or resumed the use of force. See § 776.041 (2), Fla. Stat. (2014) ; State v. Floyd, 186 So

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

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

Published

“unnecessarily” to the instruction pertaining to section 776.041(2)(a), Florida Statutes (2018). We agree with

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

257 So. 3d 908

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

Published

"unnecessarily" to the instruction pertaining to section 776.041(2)(a), Florida Statutes (2018). We agree with

Greg D. Brown v. State of Florida

194 So. 3d 507, 2016 Fla. App. LEXIS 8825, 2016 WL 3182027

District Court of Appeal of Florida | Filed: Jun 8, 2016 | Docket: 3071334

Published

” Id. at 1021. Further, in both section 776.041(2)(a), Florida Statutes (2010), and the standard

Theodist Tyrone Richardson v. State of Florida

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3025215

Published

giving the “aggressor” instruction pursuant to section 776.041, Florida Statutes (2011), which included the

Wyche v. State

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

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

Published

subsection (3), the stand your ground provision. Section 776.041 is titled “Use of force by aggressor,” and

Deandre Ross v. State of Florida

157 So. 3d 406

District Court of Appeal of Florida | Filed: Feb 2, 2015 | Docket: 2630638

Published

force against himself or herself,.... § 776.041(2), Fla. Stat. (2012). We suggest both

Fana v. Secretary, DOC

4 F. Supp. 3d 1295, 2014 U.S. Dist. LEXIS 34312, 2014 WL 1017968

District Court, M.D. Florida | Filed: Mar 17, 2014 | Docket: 64293659

Published

forcible felony defense instruction is based on section 776.041(1), Florida Statutes (2000), which provides

Holland v. Tucker

854 F. Supp. 2d 1229, 2012 WL 1193294, 2012 U.S. Dist. LEXIS 46834

District Court, S.D. Florida | Filed: Apr 3, 2012 | Docket: 65980460

Published

*1290Marshall v. State, 604 So.2d 799, 803 (Fla.1992); § 776.041, Fla. Stat. (1989). Holland, 916 So.2d at 760

Graves v. State

937 So. 2d 1286, 2006 Fla. App. LEXIS 16437, 2006 WL 2818813

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 64846909

Published

This court stated: [T]he plain language of section 776.041 indicates that it is applicable only under

A.W. v. State

897 So. 2d 551, 2005 Fla. App. LEXIS 4354, 2005 WL 715772

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64837205

Published

PER CURIAM. Affirmed. See § 776.041(2), Fla. Stat. (2003).

Byrd v. State

858 So. 2d 343, 2003 Fla. App. LEXIS 14916, 2003 WL 22259478

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 64826193

Published

one of his friends.3 This is not the law. See § 776.041, Fla. Stat (2000). We are, therefore, constrained

Nieves v. State

849 So. 2d 435, 2003 Fla. App. LEXIS 10824, 2003 WL 21657956

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 64823965

Published

turpitude. That is the question.” . Fla. Stat. § 776.041 provides: "The justification described in the