Florida Statute 776.51 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.051

776.051 Use or threatened use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition.—

(1) A person is not justified in the use or threatened use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer.

(2) A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful.

History.—s. 13, ch. 74-383; s. 1192, ch. 97-102; s. 1, ch. 2008-67; s. 8, ch. 2014-195.

F.S. 776.051 on Google Scholar

F.S. 776.051 on CourtListener

Amendments to 776.051

Annotations, Discussions, Cases:

Cases Citing Statute 776.051

Total Results: 95

In Re Stan. Jury Instr. in Criminal Cases

543 So. 2d 1205, 1989 WL 34342

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777

Cited 112 times | Published

enforcement officer is not justified if: F.S. 776.051(2) Give if 1. The arrest is

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

appears to be a law enforcement officer. F.S. 776.051(1) and F.S. 776.012 Give if However

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

justifiable use of force in resisting arrest under section 776.051(1). This new instruction would take the place

Polite v. State

973 So. 2d 1107, 2007 WL 2790770

Supreme Court of Florida | Filed: Sep 27, 2007 | Docket: 1292139

Cited 65 times | Published

affirmative defense. The State's argument rests on section 776.051(1), Florida Statutes (2002), a provision in

Smiley v. State

966 So. 2d 330, 2007 WL 1628111

Supreme Court of Florida | Filed: Jun 7, 2007 | Docket: 1679339

Cited 58 times | Published

justifiable use of force in resisting arrest under section 776.051(c), Florida Statutes (1985), was of a "substantive

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

the use of force. Force in resisting arrest. § 776.051(1), Fla. Stat. A person is not justified in using

Tillman v. State

934 So. 2d 1263, 2006 WL 1837903

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 1460659

Cited 56 times | Published

(Fla.1st DCA 1999), on the issue of whether section 776.051(1), Florida Statutes (2005), which prohibits

State v. Saunders

339 So. 2d 641

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 2517076

Cited 56 times | Published

Florida, now codified as Section 776.051 and effective July 1, 1975. Section 776.051(1) provides: A person

Jackson v. State

463 So. 2d 372, 10 Fla. L. Weekly 223

District Court of Appeal of Florida | Filed: Jan 17, 1985 | Docket: 1509733

Cited 44 times | Published

ORFINGER and COWART, JJ., concur. NOTES [1] Section 776.051(1), Florida Statutes (1983), provides: A person

Ivester v. State

398 So. 2d 926

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

Cited 38 times | Published

argument was "irrelevant and immaterial," because Section 776.051(1), Florida Statutes (1974), does not permit

State v. Espinosa

686 So. 2d 1345, 1996 WL 734514

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 2518372

Cited 28 times | Published

1979). Further, courts have consistently read section 776.051(1), Florida Statutes (1995),[3] in pari materia

Lowery v. State

356 So. 2d 1325

District Court of Appeal of Florida | Filed: Apr 4, 1978 | Docket: 13431

Cited 28 times | Published

legislature modified the common-law rule by enacting Section 776.051, Florida Statutes (1975) (effective July 1

Lee v. State

368 So. 2d 395

District Court of Appeal of Florida | Filed: Feb 27, 1979 | Docket: 1389409

Cited 20 times | Published

the illegality of the arrest is no defense. Section 776.051, Florida Statutes (1977); K.G. v. State, 338

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

the use of force. Force in resisting arrest. § 776.051(1), Fla. Stat. A person is not justified in using

Taylor v. State

740 So. 2d 89, 1999 WL 503462

District Court of Appeal of Florida | Filed: Jul 19, 1999 | Docket: 1746239

Cited 16 times | Published

support of this argument, the state relies on section 776.051(1), Florida Statutes, which states that "[a]

Vollmer v. State

337 So. 2d 1024

District Court of Appeal of Florida | Filed: Sep 29, 1976 | Docket: 1415639

Cited 16 times | Published

we need not determine the effect of Fla. Stat. § 776.051 on the right to resist an officer in the performance

Rodriguez v. State

964 So. 2d 833, 2007 WL 2713537

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 833730

Cited 14 times | Published

officer. The Second District had broadly applied section 776.051(1), Florida Statutes, which precludes the defense

Rodriguez v. State

964 So. 2d 833, 2007 WL 2713537

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 833730

Cited 14 times | Published

officer. The Second District had broadly applied section 776.051(1), Florida Statutes, which precludes the defense

Bradford v. State

567 So. 2d 911, 1990 WL 126318

District Court of Appeal of Florida | Filed: Sep 4, 1990 | Docket: 1721507

Cited 14 times | Published

support for his argument that, in spite of section 776.051(1), he cannot be charged with resisting arrest

Benjamin v. State

462 So. 2d 110, 10 Fla. L. Weekly 200

District Court of Appeal of Florida | Filed: Jan 17, 1985 | Docket: 64543

Cited 14 times | Published

section 843.01 must be read in pari materia with section 776.051 [2]; the end result being that the use of force

Taylor v. State

410 So. 2d 1358

District Court of Appeal of Florida | Filed: Mar 11, 1982 | Docket: 477802

Cited 14 times | Published

would have been improper because Florida Statute § 776.051 prohibits the use of force in resisting an arrest

Harbin v. State

358 So. 2d 856

District Court of Appeal of Florida | Filed: May 16, 1978 | Docket: 1690956

Cited 14 times | Published

resisting arrest with violence is affirmed. See § 776.051(1), Florida Statutes (1975), and footnote 2 of

Jones v. State

570 So. 2d 433, 1990 WL 183822

District Court of Appeal of Florida | Filed: Nov 29, 1990 | Docket: 1350023

Cited 12 times | Published

making the arrest is a law enforcement officer. § 776.051(1), Fla. Stat. (1989). This is true even if the

State v. Holley

480 So. 2d 94, 10 Fla. L. Weekly 627

Supreme Court of Florida | Filed: Dec 12, 1985 | Docket: 1667426

Cited 12 times | Published

" In Ivester, the district court construed section 776.051(1), Florida Statutes (Supp. 1974), which provides

Marshall v. State

354 So. 2d 107

District Court of Appeal of Florida | Filed: Jan 13, 1978 | Docket: 1682265

Cited 11 times | Published

However, in 1974 our legislature enacted Section 776.051 which prohibits the use of force in resisting

Tillman v. State

807 So. 2d 106, 2002 WL 63365

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1505839

Cited 10 times | Published

lawful performance of a legal duty). However, section 776.051(1), Florida Statutes, provides: A person is

KYE v. State

557 So. 2d 956, 1990 WL 25941

District Court of Appeal of Florida | Filed: Mar 12, 1990 | Docket: 1678910

Cited 10 times | Published

State, 433 So.2d 611 (Fla. 1st DCA 1983), section 776.051, Florida Statutes (1989), the common law rule

Blake v. State

433 So. 2d 611

District Court of Appeal of Florida | Filed: Jun 17, 1983 | Docket: 1727453

Cited 10 times | Published

for resisting arrest with violence, citing Section 776.051(1), Florida Statutes, and State v. Saunders

State v. Barnard

405 So. 2d 210

District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 1703640

Cited 10 times | Published

section 843.01 must be read in pari materia with section 776.051;[2] the end result being that the use of force

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

brought about by the Legislature's amendment to section 776.051, Florida Statutes (2008). See Ch. 2008-67,

Dominique v. State

590 So. 2d 1059, 1991 WL 269753

District Court of Appeal of Florida | Filed: Dec 18, 1991 | Docket: 458149

Cited 9 times | Published

give appellant license to batter the officer. Section 776.051, Florida Statutes (1987), provides that a person

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

the use of force. Force in resisting arrest. § 776.051(1), Fla. Stat. A person is not justified in using

Yarusso v. State

942 So. 2d 939, 2006 WL 3328336

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 1737367

Cited 8 times | Published

court rejected the State's argument that "section 776.051(1), Florida Statutes (2005), which prohibits

Morley v. State

362 So. 2d 1013

District Court of Appeal of Florida | Filed: Oct 3, 1978 | Docket: 2572731

Cited 8 times | Published

arrest with force has been abrogated by statute Section 776.051, Florida Statutes (1977). Thus, legality of

Phillips v. State

314 So. 2d 619

District Court of Appeal of Florida | Filed: Jun 20, 1975 | Docket: 2517080

Cited 8 times | Published

beginning July 1, 1975. At that time a new statute, F.S. 776.051, will become effective. It provides: "Use of

AW v. State

82 So. 3d 1136, 2012 WL 716131

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2415647

Cited 7 times | Published

reasonably appears, to be a law enforcement officer. § 776.051(1), Fla. Stat. (2009). Compare Gonzalez v. State

KG v. State

338 So. 2d 72

District Court of Appeal of Florida | Filed: Sep 28, 1976 | Docket: 1511864

Cited 7 times | Published

been justified in violently resisting arrest. Section 776.051(1), Florida Statutes, provides that a person

J.M. v. Gargett

101 So. 3d 352, 37 Fla. L. Weekly Supp. 611, 2012 WL 4666695, 2012 Fla. LEXIS 1925

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60226265

Cited 6 times | Published

2005)), superseded by statute on other grounds, § 776.051(1), Fla. Stat. (2008). “In construing statutes

A.W. v. State

82 So. 3d 1136, 2012 WL 716131, 2012 Fla. App. LEXIS 3721

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 60306058

Cited 6 times | Published

reasonably appears, to be a law enforcement officer. § 776.051(1), Fla. Stat. (2009). Compare Gonzalez v. State

Nesmith v. State

616 So. 2d 170, 1993 WL 95538

District Court of Appeal of Florida | Filed: Mar 31, 1993 | Docket: 1388512

Cited 6 times | Published

v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); § 776.051(1), Fla. Stat. (1989). Affirmed in part; reversed

PBP v. State

955 So. 2d 618, 2007 WL 1223854

District Court of Appeal of Florida | Filed: Apr 27, 2007 | Docket: 1186644

Cited 5 times | Published

the view held by this court and others that section 776.051(1), Florida Statutes (2003), which prohibits

State v. Roy

944 So. 2d 403, 2006 WL 2959080

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1649992

Cited 5 times | Published

reasonably appears, to be a law enforcement officer. § 776.051(1), Fla. Stat. (2003). This statute has been construed

Fernandez v. City of Cooper City

207 F. Supp. 2d 1371, 2002 WL 1308762

District Court, S.D. Florida | Filed: May 10, 2002 | Docket: 2175001

Cited 5 times | Published

court predicated this conclusion on Fla. Stat. § 776.051(1), which makes clear that "[a] person is not

Allen v. State

424 So. 2d 101

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 1297632

Cited 5 times | Published

correct statement of Florida law. It is based on section 776.051(1), Florida Statutes (1981).[1] In Invester

State v. Anderson

215 So. 3d 181, 2017 Fla. App. LEXIS 4427

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 60294198

Cited 4 times | Published

he was fleeing law enforcement officers. See § 776.051(1), Fla. Stat. (2011); Rowley v. State, 939 So

Perry v. State

846 So. 2d 584, 2003 WL 1969095

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 713266

Cited 4 times | Published

an officer with violence is proscribed by section 776.051(1), Florida Statutes (1997), which states:

Miller v. State

780 So. 2d 197, 2001 WL 85200

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 1298745

Cited 3 times | Published

officer's attempt to arrest her. Therefore, section 776.051(1), Florida Statutes (1997), which states that

State v. Giddens

633 So. 2d 503, 1994 WL 63317

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 425006

Cited 3 times | Published

Gilchrist, 458 So.2d 1200, 1201 (Fla. 5th DCA 1984); § 776.051(1), Fla. Stat. (1991). See also Jones v. State

State v. Freeney

613 So. 2d 523, 1993 WL 10834

District Court of Appeal of Florida | Filed: Jan 20, 1993 | Docket: 454175

Cited 3 times | Published

State, 590 So.2d 1059 (Fla. 4th DCA 1991). See § 776.051(1), Fla. Stat. (1991). In a creative effort to

Tilus v. State

121 So. 3d 1145, 2013 WL 5222601, 2013 Fla. App. LEXIS 14814

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60234345

Cited 2 times | Published

charged with resisting arrest, pursuant to section 776.051, Florida Statutes (2010). But the defendant

JASR v. State

967 So. 2d 1050, 2007 WL 3223764

District Court of Appeal of Florida | Filed: Nov 2, 2007 | Docket: 1733587

Cited 2 times | Published

the convictions, finding that pursuant to section 776.051(1), Florida Statutes (1997),[3] an individual

P.B.P. v. State

955 So. 2d 618, 2007 Fla. App. LEXIS 6364

District Court of Appeal of Florida | Filed: Apr 27, 2007 | Docket: 64850435

Cited 2 times | Published

the view held by this court and others that section 776.051(1), Florida Statutes (2003), which prohibits

Polite v. State

933 So. 2d 587, 2006 WL 1627460

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1712080

Cited 2 times | Published

(Fla.1996)("courts have consistently read section 776.051(1), Florida Statutes (1995), in pari materia

Polite v. State

934 So. 2d 496, 2005 WL 840434

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 1461079

Cited 2 times | Published

appears, to be a law enforcement officer." See § 776.051(1), Fla. Stat. (2003). Therefore, in proving the

Perry v. State

861 So. 2d 462, 2003 WL 22508215

District Court of Appeal of Florida | Filed: Nov 6, 2003 | Docket: 1514151

Cited 2 times | Published

argues that any error was harmless because section 776.051(1), Florida Statutes, makes it unlawful to

Foreshaw v. State

639 So. 2d 683, 1994 WL 321955

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 1310444

Cited 2 times | Published

to resist an illegal arrest and that since section 776.051 only abrogates the common law rule with respect

Tice v. State

569 So. 2d 1327, 1990 WL 172812

District Court of Appeal of Florida | Filed: Nov 9, 1990 | Docket: 1189862

Cited 2 times | Published

defense to resisting an officer with violence. § 776.051, Fla. Stat. (1985). On remand, however, it is

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

Force in resisting a laiv enforcement officer. § 776.051(1), Fla. Stat. A person is ,not justified

State v. A.R.R.

113 So. 3d 942, 2013 WL 461539, 2013 Fla. App. LEXIS 1939

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60231657

Cited 1 times | Published

2006), superseded by statute on other grounds, § 776.051(1), Fla. Stat. (2008); Eastes v. State, 960 So

Bethel v. State

93 So. 3d 410, 2012 WL 2579544, 2012 Fla. App. LEXIS 10802

District Court of Appeal of Florida | Filed: Jul 5, 2012 | Docket: 60310578

Cited 1 times | Published

2006), superseded by statute on other grounds, § 776.051(1), Fla. Stat. (2008). However, “[officers are

Motes v. State

37 So. 3d 301, 2010 Fla. App. LEXIS 4944, 2010 WL 1460202

District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 1668737

Cited 1 times | Published

required to prove that the arrest was lawful. See § 776.051(1), Fla. Stat. (2007) ("A person is not justified

Carter v. State

6 So. 3d 106, 2009 Fla. App. LEXIS 2938, 2009 WL 838267

District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1665774

Cited 1 times | Published

the Florida Supreme Court explained that section 776.051, which forecloses the defense of justifiable

SINQUEFIELD v. State

1 So. 3d 370, 2009 Fla. App. LEXIS 654, 2009 WL 211937

District Court of Appeal of Florida | Filed: Jan 30, 2009 | Docket: 1653948

Cited 1 times | Published

could resist arrest with force by passing section 776.051, Florida Statutes (1975). See ch. 74-383, §

Watson v. State

974 So. 2d 1168, 2008 WL 441630

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 1369588

Cited 1 times | Published

force in resisting or battering the officers. See § 776.051(1), Fla. Stat. (providing that a person is not

Perry v. State

953 So. 2d 459, 2007 WL 268754

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 1338264

Cited 1 times | Published

418, 420 (Fla.1981). The issue is whether section 776.051(1), Florida Statutes (1997), which prohibits

K.Y.E. v. State

557 So. 2d 956, 1990 Fla. App. LEXIS 1451

District Court of Appeal of Florida | Filed: Mar 12, 1990 | Docket: 64648670

Cited 1 times | Published

State, 433 So.2d 611 (Fla. 1st DCA 1983), section 776.051, Florida Statutes (1989), the common law rule

K. G. v. State

338 So. 2d 72, 1976 Fla. App. LEXIS 15576

District Court of Appeal of Florida | Filed: Sep 28, 1976 | Docket: 64555374

Cited 1 times | Published

been justified in violently resisting arrest. Section 776.051(1), Florida Statutes, provides that a person

Markeith Thomas v. State of Florida

District Court of Appeal of Florida | Filed: Mar 7, 2025 | Docket: 69715393

Published

appears, to be a law enforcement officer. § 776.051, Fla. Stat. (2025).

Michael L. Waite v. State of Florida

District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 69050030

Published

arrest with violence. We reject this assertion. Section 776.051(1), Florida Statutes, “prohibits the use of

MICHAEL L. WAITE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 67718504

Published

violence. We adamantly reject this assertion. Section 776.051(1), Florida Statutes, “prohibits the use of

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

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

Published

Force in resisting a law enforcement officer. § 776.051(1), Fla. Stat. A person is not justified

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

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

Published

Force in resisting a law enforcement officer. § 776.051(1), Fla. Stat. A person is not justified

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

Force in resisting a law enforcement officer. § 776.051(1), Fla. Stat. A person is not justified

T.M. v. State

245 So. 3d 1009

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 64680234

Published

PER CURIAM. *1010Affirmed. See § 776.051(1), Fla. Stat. (2017) (providing that a person "is not justified

State v. Isaac L. Anderson, Jr.

215 So. 3d 181

District Court of Appeal of Florida | Filed: Mar 27, 2017 | Docket: 4670149

Published

he was fleeing law enforcement officers. See § 776.051(1), Fla. Stat. (2011); Rowley v. State, 939 So

State v. Isaac L. Anderson, Jr.

215 So. 3d 181

District Court of Appeal of Florida | Filed: Mar 27, 2017 | Docket: 4670149

Published

he was fleeing law enforcement officers. See § 776.051(1), Fla. Stat. (2011); Rowley v. State, 939 So

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07

143 So. 3d 893, 2014 WL 3361905

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400982

Published

provides: “A special instruction incorporating § 776.051(1), Fla. Stat. should be given when the defense

Brown v. State

36 So. 3d 826, 2010 Fla. App. LEXIS 7673, 2010 WL 2131908

District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 1638868

Published

"Lawfulness" is an element of proof, except when section 776.051(1) applies. The jury must decide disputed,

Brown v. State

36 So. 3d 826, 2010 Fla. App. LEXIS 7673, 2010 WL 2131908

District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 1638868

Published

"Lawfulness" is an element of proof, except when section 776.051(1) applies. The jury must decide disputed,

In re Standard Jury Instructions in Criminal Cases-Report No. 2008-03

996 So. 2d 851, 33 Fla. L. Weekly Supp. 930, 2008 Fla. LEXIS 2277, 2008 WL 4998953

Supreme Court of Florida | Filed: Nov 26, 2008 | Docket: 64856991

Published

Judge: A special instruction incorporating § 776.051(1) Fla. Stat. should be given when the defense

Johnson v. State

989 So. 2d 1228, 2008 Fla. App. LEXIS 13850, 2008 WL 4146800

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 64855673

Published

30, 3006, the date of the alleged offense, section 776.051(1), Florida Statutes (2006),1 provided that

J.C. v. State

988 So. 2d 1204, 2008 Fla. App. LEXIS 12102, 2008 WL 3359357

District Court of Appeal of Florida | Filed: Aug 13, 2008 | Docket: 64855561

Published

on the use of force to resist an arrest, see § 776.051(1), Fla. Stat. (2006), even if the arrest was

CB v. State

979 So. 2d 391, 2008 WL 1756597

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 1714676

Published

offense to a third-degree felony. Further, section 776.051(1) provides that a "person is not justified

C.B. v. State

979 So. 2d 391, 2008 Fla. App. LEXIS 5737

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 64854610

Published

offense to a third-degree felony. Further, section 776.051(1) provides that a “person is not justified

Perry v. State

968 So. 2d 70, 2007 Fla. App. LEXIS 17740, 2007 WL 3274326

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 64853081

Published

2006). In Tillman, the supreme court held that section 776.051(1), Florida Statutes, which prohibits the use

J.A.S.R. v. State

967 So. 2d 1050, 2007 Fla. App. LEXIS 17327

District Court of Appeal of Florida | Filed: Nov 2, 2007 | Docket: 64853021

Published

the convictions, finding that pursuant to section 776.051(1), Florida Statutes (1997),3 an individual

Standard Jury Instructions in Criminal Cases (2003-1)

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

Supreme Court of Florida | Filed: Mar 18, 2004 | Docket: 64829550

Published

Force in making unlawful arrest prohibited § 776.051(2), Fla.Stat. Use of any force by a law enforcement

Borys v. State

824 So. 2d 204, 2002 Fla. App. LEXIS 9698, 2002 WL 1466290

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 64817037

Published

charge of opposing an officer with violence, § 776.051(1), Fla. Stat. (2000); K.Y.E. v. State, 557 So

Brawley v. State

815 So. 2d 789, 2002 Fla. App. LEXIS 6596, 2002 WL 985535

District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 64814897

Published

appellant’s plea and the constitutionality of section 776.051, Florida Statutes, appellant failed to preserve

L.M. v. State

596 So. 2d 530, 1992 Fla. App. LEXIS 4486, 1992 WL 76734

District Court of Appeal of Florida | Filed: Apr 20, 1992 | Docket: 64666404

Published

after her arrest fall under the prohibition of section 776.051, Florida Statutes (1991), since, although appellant

Williams v. State

416 So. 2d 493, 1982 Fla. App. LEXIS 20485

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 64591072

Published

of another). . Note the public policy in section 776.051(1) which provides, without reference to whether

Virgis v. State

392 So. 2d 1011, 1981 Fla. App. LEXIS 19397

District Court of Appeal of Florida | Filed: Jan 27, 1981 | Docket: 64579844

Published

v. State, 338 So.2d 72 (Fla. 3d DCA 1976); Section 776.051, Fla.Stat. (1979).

Pani v. State

361 So. 2d 170, 1978 Fla. App. LEXIS 16370

District Court of Appeal of Florida | Filed: May 30, 1978 | Docket: 64565545

Published

the court would read to the jury verbatim Section 776.051(2), Florida Statutes (1975), which is: “(2)

Smiley v. State

354 So. 2d 922, 1978 Fla. App. LEXIS 14913

District Court of Appeal of Florida | Filed: Feb 1, 1978 | Docket: 64562625

Published

to October 1, 1975, the effective date of Section 776.051, Use of force in resisting or making an arrest;

State v. Saunders

339 So. 2d 641, 1976 Fla. LEXIS 4602

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 64555999

Published

Florida, now codified as Section 776.051 and effective July 1, 1975. Section 776.051(1) provides: A person