Florida Statute 776.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.07

776.07 Use of force to prevent escape.—

(1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody.

(2) A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.

History.—s. 13, ch. 74-383; s. 7, ch. 95-283; s. 1193, ch. 97-102.

F.S. 776.07 on Google Scholar

F.S. 776.07 on Casetext

Amendments to 776.07

Arrestable Offenses / Crimes under Fla. Stat. 776.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.07.

Annotations, Discussions, Cases:

Cases Citing Statute 776.07

Total Results: 11

Tervil v. U.S. Bank National Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2016-11-30

Citation: 204 So. 3d 580, 2016 Fla. App. LEXIS 17710

Snippet: Final judgment was entered in the amount of $230,776.07.1 Analysis On appeal, the bank properly concedes

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: meaningless. However, with the exception of section 776.07(2), Florida Statutes (2011), which only applies

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: be unlawful. To prevent escape from custody. § 776.07(1), 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: reasonable to apprehend Brinson, citing to section 776.07 of the Florida Statutes (2005) to support this

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: another per- To prevent escape from custody § 776.07(1), FlaStat Give if applicable A law enforcement

Hermanson v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-11-21

Citation: 570 So. 2d 322, 1990 WL 140285

Snippet: forcible felony (776.031); preventing an escape (776.07); justifiable use of deadly force to resist murder

The Florida Bar Re: Standard Jury Instructions Criminal Cases

Court: Supreme Court of Florida | Date Filed: 1985-10-10

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

Snippet: custody is justified in the use of any 776.07(1) force that he reasonably

Nelson v. Howell

Court: District Court of Appeal of Florida | Date Filed: 1984-09-07

Citation: 455 So. 2d 608, 9 Fla. L. Weekly 1910, 1984 Fla. App. LEXIS 14940

Snippet: do not agree with the appellee’s argument that § 776.07, Fla.Stat. (1983) provides statutory authority

Potts v. State

Court: Supreme Court of Florida | Date Filed: 1982-12-16

Citation: 430 So. 2d 900

Snippet: [5] The following underscored language was added: 776 7.011 Principal in first degree. Whoever commits

Cobb v. State

Court: Supreme Court of Florida | Date Filed: 1979-03-29

Citation: 376 So. 2d 230

Snippet: was justified, pursuant to sections 776.05 and 776.07. These sections provide that any force is justifiable

State ex rel. Smith v. Burbridge

Court: Supreme Court of Florida | Date Filed: 1888-01-15

Citation: 24 Fla. 112

Snippet: (4th edition,) p. 778; ibid. (5th edition,) pp. 776-7; Dickey vs. Hurlburt, 5 Cal., 343. Judge Cooley