Florida Statute 776.041 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 776.041

Arrestable Offenses / Crimes under Fla. Stat. 776.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.041.

Annotations, Discussions, Cases:

Cases Citing Statute 776.041

Total Results: 20

Smith v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-19

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

DEANDRE LADALE PETERSON vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-03-24

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

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

Court: Supreme Court of Florida | Date Filed: 2019-12-19

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

DANIEL HUDSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-08-21

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

Amos Moorer v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-07-23

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

Rivera v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 274 So. 3d 537

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

Rivera v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 274 So. 3d 537

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

LISA ANN GRANT v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-03-06

Citation: 266 So. 3d 203

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

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

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Snippet: “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.

Court: Supreme Court of Florida | Date Filed: 2018-11-21

Citation: 257 So. 3d 908

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

Greg D. Brown v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-06-08

Citation: 194 So. 3d 507, 2016 Fla. App. LEXIS 8825

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

Cook v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-06-03

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

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 2016-05-05

Citation: 191 So. 3d 411, 2016 WL 2586287

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

State of Florida v. Robert Franklin Floyd

Court: Supreme Court of Florida | Date Filed: 2016-03-10

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

Snippet: 032(1), Fla. Stat. (2010). However, section 776.041, “Use of force by aggressor,” provides an exception

Theodist Tyrone Richardson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-12-30

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

Wyche v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-07-22

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

Snippet: relevant part, sections 776.012, 776.013, and 776.041 of the Florida Statutes. Section 776.012 is titled

Roberts v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-06-18

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

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

Anthony Cruz v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-05-20

Citation: 189 So. 3d 822, 2015 Fla. App. LEXIS 7645

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

Deandre Ross v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-02-02

Citation: 157 So. 3d 406

Snippet: sections 776.013(3), Florida Statutes (2012), and 776.041(2), Florida Statutes (2012), which state:

Gregory v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-06-18

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

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