Florida Statutes
Fla. Stat. § 776.041 (2025)
Use or threatened use of force by aggressor.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 98
cases (7 in the last 5 years), 1981–2026 · leading case: Martinez v. State, 981 So. 2d 449 (Fla. 2008).
Martinez v. State, 981 So. 2d 449 (Fla. 2008). “§ 776.041, Fla. Stat. (2007) (emphasis supplied).”
Perkins v. State, 576 So. 2d 1310 (Fla. 1991). “[8] The statute, for example, contemplates that self defense may be available to the initial aggressor if the killing does not occur in the same sequence of events that flows from that aggressor's own violence, § 776.041(1), Fla. Stat. (1987), or if the aggressor has attempted…”
State of Florida v. Robert Franklin Floyd, 186 So. 3d 1013 (Fla. 2016). “onable means to escape such danger other than the 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…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “*916 "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.”
Wyche v. State, 170 So. 3d 898 (Fla. 3d DCA 2015). “§ 776.041, Fla. Stat. (2010). Thus, Chapter 776 addresses both stand your ground and justifiable use of deadly force, and, whether applying stand your ground or justifiable use of deadly force law, the requirements are nearly identical.”
Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002). “, the plain language of section 776.041 indicates that it is applicable only under circumstances where the person claiming self-defense is engaged in another, independent "forcible felony" at the time.”
Shepard v. Crosby, 916 So. 2d 861 (Fla. 4th DCA 2005). “(quoting § 776.041(1), Fla. Stat.) The defendant claimed self-defense with respect to each offense, leaving no separately charged "forcible felony" to cause section 776.”
Davis v. State, 886 So. 2d 332 (Fla. 5th DCA 2004). “141(c), alleging that his appellate counsel was ineffective for failing to argue on direct appeal that the trial court erred by overruling his objection and by giving a jury instruction based on section 776.041, Florida Statutes, effectively negating his defense of self-defense.”
Smith v. State, 76 So. 3d 379 (Fla. 1st DCA 2011). “08, Florida Statutes (2002) and (2009), “the plain language of section 776.041 showfs] that it is applicable only under circumstances where the person claiming self-defense is engaged in another, independent ‘forcible felony" at the time.”
Cleveland v. State, 887 So. 2d 362 (Fla. 5th DCA 2004). “At trial, the trial court instructed the jury on Cleveland's self-defense claim. However, the trial court also gave an instruction on the forcible felony exception to self-defense.”
Morgan v. State, 127 So. 3d 708 (Fla. 5th DCA 2013). “§ 776.041, Fla. Stat. (2011); Fla. Std. Jury Instr.”
Martinez v. State, 933 So. 2d 1155 (Fla. 3d DCA 2006). “The section in question may be given when there is evidence that the defendant may have been the initial aggressor, and appears as follows in the Standard Jury Instructions: Aggressor § 776.041, Fla. Stat. However, the use of force likely to cause death or great bodily harm is…”
— 776.041(1) — 64 cases
Martinez v. State, 981 So. 2d 449 (Fla. 2008). “§ 776.041, Fla. Stat. (2007) (emphasis supplied).”
Shepard v. Crosby, 916 So. 2d 861 (Fla. 4th DCA 2005). “(quoting § 776.041(1), Fla. Stat.) The defendant claimed self-defense with respect to each offense, leaving no separately charged "forcible felony" to cause section 776.”
Perkins v. State, 576 So. 2d 1310 (Fla. 1991). “[8] The statute, for example, contemplates that self defense may be available to the initial aggressor if the killing does not occur in the same sequence of events that flows from that aggressor's own violence, § 776.041(1), Fla. Stat. (1987), or if the aggressor has attempted…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “*916 "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.”
Cleveland v. State, 887 So. 2d 362 (Fla. 5th DCA 2004). “At trial, the trial court instructed the jury on Cleveland's self-defense claim. However, the trial court also gave an instruction on the forcible felony exception to self-defense.”
— 776.041(2) — 11 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “*916 "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.”
Anthony Cruz v. State of Florida, 189 So. 3d 822 (Fla. 4th DCA 2015).
Darling v. State, 81 So. 3d 574 (Fla. 3d DCA 2012).
Johnson v. State, 65 So. 3d 1147 (Fla. 3d DCA 2011).
Deandre Ross v. State of Florida, 157 So. 3d 406 (Fla. 1st DCA 2015).
— 776.041(2)(a) — 8 cases
State of Florida v. Robert Franklin Floyd, 186 So. 3d 1013 (Fla. 2016). “onable means to escape such danger other than the 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…”
Perkins v. State, 576 So. 2d 1310 (Fla. 1991). “[8] The statute, for example, contemplates that self defense may be available to the initial aggressor if the killing does not occur in the same sequence of events that flows from that aggressor's own violence, § 776.041(1), Fla. Stat. (1987), or if the aggressor has attempted…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “*916 "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.”
Sims v. State, 140 So. 3d 1000 (Fla. 1st DCA 2014).
Roberts v. State, 168 So. 3d 252 (Fla. 1st DCA 2015).
— 776.041(2)(b) — 1 case
Perkins v. State, 576 So. 2d 1310 (Fla. 1991). “[8] The statute, for example, contemplates that self defense may be available to the initial aggressor if the killing does not occur in the same sequence of events that flows from that aggressor's own violence, § 776.041(1), Fla. Stat. (1987), or if the aggressor has attempted…”
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