Florida Statute 776.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.05

776.05 Law enforcement officers; use of force in making an arrest.—A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:

(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;

(2) When necessarily committed in retaking felons who have escaped; or

(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and:

(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or

(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.

History.—s. 13, ch. 74-383; s. 1, ch. 75-64; s. 1, ch. 87-147; s. 54, ch. 88-381; s. 1191, ch. 97-102.

F.S. 776.05 on Google Scholar

F.S. 776.05 on Casetext

Amendments to 776.05

Arrestable Offenses / Crimes under Fla. Stat. 776.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.05.

Annotations, Discussions, Cases:

Cases Citing Statute 776.05

Total Results: 20

Chason, Kimbrel v. Clark

Court: District Court of Appeal of Florida | Date Filed: 2024-05-22

Snippet: Tavares, 603 So. 2d 18, 19–20 (Fla. 5th DCA 1992). § 776.05, Fla. Stat. (establishing

CHRISTOPHER KRICKOVICH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-02-09

Snippet: “guilt” are trial concepts. For example, section 776.05, Florida Statutes (2018), describes situations

State of Florida v. Peter Peraza

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Snippet: IS LIMITED TO INVOKING A DEFENSE UNDER SECTION 776.()5(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM

State of Florida v. Peter Peraza

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Citation: 259 So. 3d 728

Snippet: IS LIMITED TO INVOKING A DEFENSE UNDER SECTION 776.05(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM

STATE OF FLORIDA v. PETER PERAZA

Court: District Court of Appeal of Florida | Date Filed: 2017-08-30

Citation: 226 So. 3d 937, 2017 Fla. App. LEXIS 12472

Snippet: officers already are provided a defense under section 776.05(1), Florida Statutes (2013), describing the justifiable

Heilman v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-03-28

Citation: 135 So. 3d 513, 2014 Fla. App. LEXIS 4610, 2014 WL 1255319

Snippet: law enforcement officers. That statute is section 776.05, and it provides that the officer “is justified

State v. Caamano

Court: District Court of Appeal of Florida | Date Filed: 2012-10-26

Citation: 105 So. 3d 18, 2012 WL 5275428, 2012 Fla. App. LEXIS 18680

Snippet: the charge, alleging immunity pursuant to section 776.05, Florida Statutes (2010), which provides qualified

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

Court: Supreme Court of Florida | Date Filed: 2010-01-07

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

Snippet: ENFORCEMENT OFFICER In making an arrest of a felon. § 776.05, Fla. Stat. Give if applicable. A law enforcement

Buchanan v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-04-28

Citation: 927 So. 2d 209, 2005 WL 3981633

Snippet: set forth in section 776.05 of the Florida Statutes. That statute reads: 776.05. Law enforcement officers;

Standard Jury Instructions in Criminal Cases (2003-1)

Court: Supreme Court of Florida | Date Filed: 2004-03-18

Citation: 869 So. 2d 1205, 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907

Snippet: ENFORCEMENT OFFICER In making an arrest of a felon § 776.05, FlaStat. Give if applicable A law enforcement

Light v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-09-21

Citation: 796 So. 2d 610, 2001 WL 1104538

Snippet: self-defense or if Mr. Light committed a new felony. See § 776.05(1), (3), Fla. Stat. (1993). Officer Penix's discharge

Langston v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-04-20

Citation: 789 So. 2d 1024, 2001 WL 395171

Snippet: assailant continues or resumes the use of force. 776.05 Law enforcement officers; use of force in making

Brescher v. Pirez

Court: District Court of Appeal of Florida | Date Filed: 1997-04-30

Citation: 696 So. 2d 370, 1997 WL 11857

Snippet: 110 S.Ct. 3218, 110 L.Ed.2d 665 (1990). Section 776.05, Florida Statutes (1983), provided: [A law enforcement

City of Miami v. Sanders

Court: District Court of Appeal of Florida | Date Filed: 1996-02-21

Citation: 672 So. 2d 46, 1996 Fla. App. LEXIS 1528, 1996 WL 71487

Snippet: another from bodily harm while making the arrest." § 776.05(1), Fla.Stat. (1995). The critical factor here

Habie v. Krischer

Court: District Court of Appeal of Florida | Date Filed: 1994-09-14

Citation: 642 So. 2d 138, 1994 WL 498397

Snippet: prevent death or great bodily injury. Likewise, § 776.05 permits a law enforcement officer to use force

Harris v. Navarro

Court: District Court of Appeal of Florida | Date Filed: 1992-05-13

Citation: 600 So. 2d 1147, 1992 Fla. App. LEXIS 5091, 1992 WL 98817

Snippet: intentional shooting of the decedent. Sections 776.012, 776.05, 933.15, Fla.Stat. (1985). See also Tennessee v

City of Winter Haven v. Allen

Court: District Court of Appeal of Florida | Date Filed: 1991-11-08

Citation: 589 So. 2d 968, 1991 Fla. App. LEXIS 11124, 1991 WL 229790

Snippet: justifiable force in making an arrest under section 776.05, Florida Statutes (1985). If the evidence at a

Lozano v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-06-25

Citation: 584 So. 2d 19, 1991 WL 110859

Snippet: justifiable use of force by a police officer. See § 776.05, Fla. Stat. (1989). Standard jury instructions

In Re Stan. Jury Instr. in Criminal Cases

Court: Supreme Court of Florida | Date Filed: 1989-03-30

Citation: 543 So. 2d 1205, 1989 WL 34342

Snippet: Chapter 87-147, Laws of Florida, amends Section 776.05, Florida Statutes, to redefine justifiable use

City of Winter Haven v. Allen

Court: District Court of Appeal of Florida | Date Filed: 1989-03-17

Citation: 541 So. 2d 128, 1989 WL 23504

Snippet: justifiable use of force standard found in section 776.05, Florida Statutes (1985). We find that appellant's