Florida Statute 776.8 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.08

776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

History.—s. 13, ch. 74-383; s. 4, ch. 75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch. 95-195.

F.S. 776.08 on Google Scholar

F.S. 776.08 on CourtListener

Amendments to 776.08

Annotations, Discussions, Cases:

Cases Citing Statute 776.08

Total Results: 115

State v. Hearns

961 So. 2d 211, 2007 WL 1215452

Supreme Court of Florida | Filed: Apr 26, 2007 | Docket: 468645

Cited 137 times | Published

constitutes a "forcible felony, as described in" section 776.08, Florida Statutes (2000). That section defines

Perkins v. State

576 So. 2d 1310, 1991 WL 33012

Supreme Court of Florida | Filed: Mar 14, 1991 | Docket: 1669839

Cited 112 times | Published

of, a forcible felony. ... (Emphasis added.) Section 776.08, Florida Statutes (1987), defines "forcible

Giles v. State

831 So. 2d 1263, 2002 WL 31828750

District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 2515259

Cited 74 times | Published

the statute includes an aggravated battery, see § 776.08, Fla. Stat., the plain language of section 776

Marshall v. State

604 So. 2d 799, 1992 WL 163965

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 57019

Cited 42 times | Published

from the commission of, a forcible felony." Section 776.08 specifically defines "forcible felony" to include

Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC

986 So. 2d 1244, 33 Fla. L. Weekly Supp. 503, 2008 Fla. LEXIS 1236, 2008 WL 2679160

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1727949

Cited 24 times | Published

listing of only two types of "battery" under section 776.08, Florida Statutes (2006)). Had the Legislature

Young v. State

739 So. 2d 553, 1999 WL 394889

Supreme Court of Florida | Filed: Jun 10, 1999 | Docket: 1293949

Cited 24 times | Published

Marshall v. State, 604 So.2d 799, 803 (Fla.1992). Section 776.08, Florida Statutes (1985), specifically defines

Walker v. State

965 So. 2d 1281, 2007 WL 3010202

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 2527329

Cited 23 times | Published

officer is a "`forcible felony, as described in' section 776.08, Florida Statutes (2000)," for purposes of

Falco v. State

407 So. 2d 203

Supreme Court of Florida | Filed: Dec 17, 1981 | Docket: 1515369

Cited 21 times | Published

"forcible felony" includes burglary in Florida (section 776.08, Florida Statutes), we must agree with the

Holland v. State

916 So. 2d 750, 2005 WL 3005543

Supreme Court of Florida | Filed: Nov 10, 2005 | Docket: 2518538

Cited 15 times | Published

battery, and attempted first-degree murder. Section 776.08, Florida Statutes (1989), specifically defines

Langston v. State

789 So. 2d 1024, 2001 WL 395171

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 1696024

Cited 14 times | Published

physical force or violence against any individual." § 776.08, Fla.Stat. (1997).

State v. Hackley

95 So. 3d 92, 37 Fla. L. Weekly Supp. 441, 2012 WL 2579673, 2012 Fla. LEXIS 1316

Supreme Court of Florida | Filed: Jul 5, 2012 | Docket: 60311342

Cited 13 times | Published

08.” § 775.084(1)(d)1.a, Fla. Stat. (2000). Section 776.08 enumerates several forcible felonies and also

Estevez v. State

901 So. 2d 989, 2005 WL 1109584

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 1666251

Cited 12 times | Published

battery is indeed a "forcible felony" under section 776.08, Florida Statutes, this court noted in Giles

Stewart v. State

672 So. 2d 865, 1996 WL 164632

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 1763188

Cited 12 times | Published

while armed with a firearm, a forcible felony. § 776.08, Fla.Stat. (1993). Although this conduct amounts

United States v. Eddy Wilmer Vail-Bailon

868 F.3d 1293, 2017 WL 3667647, 2017 U.S. App. LEXIS 16283

Court of Appeals for the Eleventh Circuit | Filed: Aug 25, 2017 | Docket: 6143600

Cited 11 times | Published

convicted three times of any forcible felony); id. § 776.08 (defining “forcible felony” to encompass a felony

Bates v. State

883 So. 2d 907, 2004 WL 2236610

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 1370264

Cited 11 times | Published

[2] Aggravated assault is a forcible felony. § 776.08, Fla. Stat. (2003).

Rodriguez v. State

826 So. 2d 464, 2002 WL 31059895

District Court of Appeal of Florida | Filed: Sep 18, 2002 | Docket: 1198367

Cited 11 times | Published

775.084(1)(c)1.a., Fla. Stat. (Supp.1998). Section 776.08, Florida Statutes (1997), provides: 776.08

Ubilla v. State

8 So. 3d 1200, 2009 Fla. App. LEXIS 3408, 2009 WL 1066117

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1654725

Cited 10 times | Published

775.084(1)(c)1.a., Fla. Stat. (Supp. 1998). Section 776.08, Florida Statutes (1997), provides: 776.08

Johnson v. State

858 So. 2d 1071, 2003 WL 22047320

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 375832

Cited 10 times | Published

one of the forcible felonies enumerated in section 776.08 and does not amount to "the use or threat of

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

about to commit. Forcible felonies are listed in § 776.08, Fla. Stat. Aggressor. § 776.041, Fla. Stat. However

Harris v. State

5 So. 3d 750, 2009 Fla. App. LEXIS 1542, 2009 WL 485039

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 692400

Cited 9 times | Published

felony by section 776.08. See State v. Hearns, 961 So.2d 211, 216-17 (Fla. 2007). Section 776.08, Florida

Hudson v. State

800 So. 2d 627, 2001 WL 1192222

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1683588

Cited 9 times | Published

as defined in section 776.08, Florida Statutes (1997). To qualify under section 776.08 as a forcible

State v. Emmund

698 So. 2d 1318, 1997 WL 557646

District Court of Appeal of Florida | Filed: Sep 10, 1997 | Docket: 1524296

Cited 9 times | Published

" § 775.084(1)(c), Fla. Stat. (1995). Under section 776.08, "forcible felony" includes burglary. Depending

Rodriguez v. State

837 So. 2d 1177, 2003 WL 469502

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 537530

Cited 8 times | Published

Court has already decided how to interpret section 776.08, Florida Statutes. The court has said that

Delsol v. State

837 So. 2d 428, 2002 WL 31114090

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 537575

Cited 8 times | Published

believe that because all of the crimes listed in section 776.08[1] are of a violent nature, and its last sentence

Smith v. State

76 So. 3d 379, 2011 Fla. App. LEXIS 20857, 2011 WL 6847813

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 2354446

Cited 7 times | Published

this chapter, includes aggravated battery, see section 776.08, Florida Statutes (2002) and (2009), "the plain

Brinson v. State

995 So. 2d 1047, 2008 WL 4891109

District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 1285437

Cited 7 times | Published

that to constitute a "forcible felony" under section 776.08, the statutory elements of the felony must

Gorham v. State

988 So. 2d 152, 2008 WL 2987160

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1384442

Cited 7 times | Published

definition of "forcible felony" contained in section 776.08, Florida Statutes, we did so because the "forcible

Johnson v. State

985 So. 2d 1215, 2008 WL 2695640

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 38253

Cited 7 times | Published

felony within the meaning of the final clause of section 776.08 [Florida Statutes].'"); Tumblin v. State, 965

In Re Standard Jury Instructions in Criminal Cases-No. 2007-11

986 So. 2d 563, 33 Fla. L. Weekly Supp. 554, 2008 Fla. LEXIS 1237, 2008 WL 2679168

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1727850

Cited 7 times | Published

trespass or burglary. Forcible felonies are listed in § 776.08 Fla. Stat. Proof of intent. The intent with which

Paul v. State

958 So. 2d 1135, 2007 WL 1827265

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1413898

Cited 7 times | Published

felony within the meaning of the final clause of section 776.08. Perkins, 576 So.2d at 1313 (emphasis added)

Williams v. State

937 So. 2d 771, 2006 WL 2588921

District Court of Appeal of Florida | Filed: Sep 11, 2006 | Docket: 459699

Cited 7 times | Published

term "forcible felony" is defined by statute. Section 776.08, Florida Statutes (2002), reads: "Forcible

Moore v. State

944 So. 2d 1063, 2006 WL 2355515

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1649410

Cited 6 times | Published

constitute convictions for felonies listed under section 776.08, Florida Statutes. Only two of the convictions

Jenkins v. State

884 So. 2d 1014, 2004 WL 2270289

District Court of Appeal of Florida | Filed: Oct 11, 2004 | Docket: 1683041

Cited 6 times | Published

committing a forcible felony, as defined in section 776.08, Florida Statutes, which includes any felony

In re Standard Jury Instructions in Criminal Cases—Report No. 2012-01

109 So. 3d 721, 2013 WL 535407

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229786

Cited 5 times | Published

trespass or burglary. Forcible felonies are listed in § 776.08 Fla. Stat. Proof of intent. The intent with

State v. Yaqubie

51 So. 3d 474, 2010 Fla. App. LEXIS 8640, 2010 WL 2382583

District Court of Appeal of Florida | Filed: Jun 16, 2010 | Docket: 118165

Cited 5 times | Published

the imminent commission of a forcible felony"); § 776.08, Fla. Stat. (2008) (defining "forcible felony"

Thomas v. State

983 So. 2d 746, 2008 WL 2356416

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1756206

Cited 5 times | Published

(quoting section 775.084(1)(d)1., Fla. Stat.). Section 776.08 defines "forcible felony" to include certain

Spradlin v. State

967 So. 2d 376, 2007 WL 3006057

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 1733607

Cited 5 times | Published

individual."[1] Identical language is used in section 776.08 to define a "forcible felony." Therefore, whether

Campbell v. State

935 So. 2d 614, 2006 WL 2270351

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1671160

Cited 5 times | Published

attempt are not forcible felonies as defined by section 776.08 of the Florida Statutes, he could not be sentenced

Campbell v. State

935 So. 2d 614, 2006 WL 2270351

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1671160

Cited 5 times | Published

attempt are not forcible felonies as defined by section 776.08 of the Florida Statutes, he could not be sentenced

Cala v. State

854 So. 2d 840, 2003 WL 22187427

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 1459717

Cited 5 times | Published

are not qualifying offenses as "described" in section 776.08 of the Florida Statutes. See § 775.084(1)(d)

Harris v. State

849 So. 2d 449, 2003 WL 21658188

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 543611

Cited 5 times | Published

argument that the "burglary" enumerated in Section 776.08, Florida Statutes (2000), does not qualify

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

force or violence against any individual." Id. § 776.08. Here, based on the undisputed evidence, and therefore

State v. Perkins

558 So. 2d 537, 1990 WL 41210

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 1726340

Cited 5 times | Published

cocaine trafficking is not a forcible felony. Section 776.08, Fla. Stat. (1987), defines "forcible felony

Bynes v. State

127 So. 3d 556, 2012 WL 5500335, 2012 Fla. App. LEXIS 19727

District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60236747

Cited 4 times | Published

offenses enumerated as a forcible felony. See § 776.08, Fla. Stat. (2002). As the State concedes, grand

CURI v. State

36 So. 3d 853, 2010 Fla. App. LEXIS 7618, 2010 WL 2178771

District Court of Appeal of Florida | Filed: Jun 2, 2010 | Docket: 2563977

Cited 4 times | Published

affirm. § 775.084(1)(d)(a), Fla. Stat. (2003); § 776.08, Fla. Stat. (2003); Ubilla v. State, 8 So.3d 1200

Lamb v. State

32 So. 3d 117, 2009 Fla. App. LEXIS 16879, 2009 WL 3787321

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 689043

Cited 4 times | Published

could qualify as a forcible felony[1] under section 776.08, Florida Statutes (2000), for the purpose of

Cribbs v. State

978 So. 2d 828, 2008 WL 681342

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 30073

Cited 4 times | Published

"forcible felony" is subject to VCC sentencing); § 776.08, Fla. Stat. (2001) (defining "forcible felony"

Hearns v. State

912 So. 2d 377, 30 Fla. L. Weekly Fed. D 2401

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 1648533

Cited 4 times | Published

physical force or violence against any individual." § 776.08, Fla. Stat. (2000). Mere unwanted touching does

Ellis v. State

135 So. 3d 478, 2014 WL 1133312, 2014 Fla. App. LEXIS 4220

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239652

Cited 3 times | Published

within the definition of “forcible felony” in section 776.08, Florida Statutes, because the language of

Odeh v. State

82 So. 3d 915, 2011 WL 2694434

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60306294

Cited 3 times | Published

attempted to commit. Forcible felonies are listed in § 776.08, Fla. Stat. As stated, the “applicable felony”

Adams v. State

727 So. 2d 997, 1999 WL 43521

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1729961

Cited 3 times | Published

ALTENBERND and NORTHCUTT, JJ., Concur. NOTES [1] Section 776.08, Florida Statutes (1993), defines forcible

Terry P. Powell v. State

223 So. 3d 412, 2017 WL 2888698, 2017 Fla. App. LEXIS 9712

District Court of Appeal of Florida | Filed: Jul 7, 2017 | Docket: 6119605

Cited 2 times | Published

enforcement officer] is not a forcible felony under section 776.08.”); § 948.20(1), Fla. Stat. (2015) ("[T]he

Jared Bretherick v. State of Florida

170 So. 3d 766, 40 Fla. L. Weekly Supp. 411, 2015 WL 4112414, 2015 Fla. LEXIS 1470

Supreme Court of Florida | Filed: Jul 9, 2015 | Docket: 2672540

Cited 2 times | Published

Assault or False Imprisonment) as defined in section 776.08, Fla. Stat. At best, Mr. Dunning’s driving

T.K. v. State

125 So. 3d 970, 2013 WL 2493764, 2013 Fla. App. LEXIS 9287

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60236140

Cited 2 times | Published

statutes or the definition of “forcible felony” in section 776.08, Florida Statutes, apply or should apply to

Dixon v. State

41 So. 3d 990, 2010 Fla. App. LEXIS 11278, 2010 WL 3023270

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 1668339

Cited 2 times | Published

08." § 775.084(1)(d)1.a., Fla. Stat. (2008). Section 776.08 defines a "forcible felony" as, among other

Hearns v. State

54 So. 3d 500, 2010 Fla. App. LEXIS 6931, 2010 WL 1980859

District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 60298292

Cited 2 times | Published

enforcement officer was not a forcible felony under section 776.08, Florida Statutes (2000), and should not have

Granberry v. State

967 So. 2d 1044, 2007 WL 3223989

District Court of Appeal of Florida | Filed: Nov 2, 2007 | Docket: 1733595

Cited 2 times | Published

separate independent forcible felony as defined by section 776.08, Florida Statutes (2006). Since all fundamental

Jackson v. State

935 So. 2d 107, 2006 WL 2265431

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1671132

Cited 2 times | Published

appellant was charged qualify as a "forcible felony." § 776.08, Fla. Stat. The plain language of section 776

Walters v. State

790 So. 2d 483, 2001 WL 627433

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 2347830

Cited 2 times | Published

qualify as a forcible felony as described in section 776.08 in order for Walters to be sentenced as a violent

Cook v. State

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

District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3069710

Cited 1 times | Published

” § 776.041(1). Burglary is a foreible felony. § 776.08. Cook further relies on a case in which this

Reed v. State

192 So. 3d 641, 2016 WL 3030838, 2016 Fla. App. LEXIS 8081

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 3068164

Cited 1 times | Published

felonies,” as defined in section 776.08, Florida Statutes (2011). Section 776.08 lists as “forcible felonies”

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

commission of (applicable forcible felony listed in § 776.08, Fla. Stat.). Give the elements of the

Andrako Bradley v. State

155 So. 3d 1248, 2015 Fla. App. LEXIS 1044, 2015 WL 340683

District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 2628648

Cited 1 times | Published

section. The list of “forcible felonies” in section 776.08, Florida Statutes (2010), does not specifically

Reginald L. Bryant v. State of Florida

148 So. 3d 1251, 39 Fla. L. Weekly Supp. 591, 2014 Fla. LEXIS 2970, 2014 WL 5026405

Supreme Court of Florida | Filed: Oct 9, 2014 | Docket: 1437947

Cited 1 times | Published

felony but not a forcible felony as defined in [section] 776.08, and excluding any third-degree felony violation

Fisher v. State

129 So. 3d 468, 2014 WL 28103, 2014 Fla. App. LEXIS 98

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237410

Cited 1 times | Published

(2009). Burglary qualifies as such an offense. Id.; § 776.08, Fla. Stat. (2009). However, “[i]n order to be

Santiago v. State

76 So. 3d 1027, 2011 Fla. App. LEXIS 19904, 2011 WL 6183473

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 2352835

Cited 1 times | Published

of his actions in purported self-defense.[1] Section 776.08, Florida Statutes (1995) defines "forcible

Miami-Dade County v. Rodriguez

67 So. 3d 1213, 2011 Fla. App. LEXIS 13791, 2011 WL 3820715

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 60301960

Cited 1 times | Published

We disagree. Burglary is a forcible felony, see § 776.08, Fla. Stat. (2011), that, by its nature—illustrated

Butler v. State

93 So. 3d 328, 2011 WL 8183044

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60310543

Cited 1 times | Published

3d DCA 2005). .Burglary is a forcible felony. § 776.08, Fla. Stat. (2002). Butler was sentenced for multiple

Kalogeras v. State

58 So. 3d 889, 2011 Fla. App. LEXIS 1859, 2011 WL 479998

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60299538

Cited 1 times | Published

qualified as a “forcible felony,” as defined in section 776.08, Florida Statutes (2000), for purposes of the

Bryant v. State

991 So. 2d 999, 2008 WL 4414362

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 2551935

Cited 1 times | Published

offense was a forcible felony as described in section 776.08. We agree and affirm. State v. Hearns, 961

Nelson v. State

987 So. 2d 1261, 2008 WL 3539527

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 2521501

Cited 1 times | Published

felony within the meaning of the final clause of section 776.08.'"). Accordingly, we affirm the denial of Nelson's

Johnson v. State

977 So. 2d 661, 2008 WL 441960

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 2564894

Cited 1 times | Published

a "forcible felony" is a qualifying offense); § 776.08, Fla. Stat. (2000) (defining "forcible felony")

CITY OF SWEETWATER FLORIDA v. St. Germain

943 So. 2d 259, 2006 WL 3302533

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1526842

Cited 1 times | Published

perpetrate, a forcible felony as defined in section 776.08, or the offense of escape. ß 111.065(3), Fla

Bynes v. State

854 So. 2d 289, 2003 Fla. App. LEXIS 14372, 2003 WL 22187578

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 64824997

Cited 1 times | Published

§ 775.084(l)(d), Fla. Stat. (2001). Under section 776.08, a “forcible felony” consists of: treason;

Carlos Cordero v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209998

Published

offense” such as “[a]ny forcible felony” under section 776.08 or “[a] felony violation of chapter 790 involving

Michael L. Harris, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890933

Published

“forcible felony” to include aggravated battery. § 776.08, Fla. Stat. (2023). Aggravated battery occurs

Corey Stephen Smith v. State of Florida

District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 70650233

Published

commission of (applicable forcible felony listed in § 776.08, Fla. Stat.) against [himself] [herself] [or another]]

Corey Stephen Smith v. State of Florida

District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 70650233

Published

commission of (applicable forcible felony listed in § 776.08, Fla. Stat.) against [himself] [herself] [or another]]

Oscar Molinet-Gonzalez v. State of Florida

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70629879

Published

Specifically, whether the offense fell within section 776.08’s “catchall” provision defining a forcible

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

aggravated assault and false imprisonment. See § 776.08, Fla. Stat. (defining “forcible felony” to include

City of Tampa v. Foottit, Foottit

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69265872

Published

a. Any forcible felony as defined in Florida Statute §776.08 to include any felony which involves

JOSE MIKE ESPICHAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68340291

Published

forcible felonies for purposes of chapter 776. § 776.08.

Smith v. State of Florida

District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867479

Published

physical force or violence against any individual.” § 776.08, Fla. Stat. The circuit court determined that

CARLOS LORENZO GONZALEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 19, 2024 | Docket: 68452489

Published

of (applicable forcible felony listed in § 776.08, Fla. Stat.) against himself. If defendant

DEANDRE LADALE PETERSON vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 24, 2023 | Docket: 68034730

Published

“Forcible Felony” includes aggravated assault. § 776.08, Fla. Stat. (2014). For the forcible felony exception

ERICK LESLIE BATTA vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 12, 2022 | Docket: 60858264

Published

084(1)(d)1.a., Fla. Stat. Looking to the text of section 776.08, Florida Statutes (2021), a forcible felony

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

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

Published

commission of (applicable forcible felony listed in § 776.08, Fla. Stat.) against [himself] [herself] [or another]]

Amos Moorer v. State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2019 | Docket: 15953784

Published

commission of (applicable forcible felony listed in § 776.08, Fla. Stat.) against [himself] [herself] [or

David L. Ross v. City of Jacksonville

274 So. 3d 1180

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762814

Published

had committed a forcible felony as defined in section 776.08, Florida Statutes; and 3) the pursuit was conducted

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

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

Published

commission of a forcible felony, as listed in section 776.08, Florida Statutes (2018), the Court has added

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

commission of a forcible felony, as listed in section 776.08, Florida Statutes (2018), the Court has added

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-05.

257 So. 3d 925

Supreme Court of Florida | Filed: Nov 21, 2018 | Docket: 8221108

Published

trespass or burglary. Forcible felonies are listed in § 776.08 Fla. Stat. If requested, the jury should be instructed

United States v. Eddy Wilmer Vail-Bailon

Court of Appeals for the Eleventh Circuit | Filed: Aug 25, 2017 | Docket: 6145736

Published

convicted three times of any forcible felony); id. § 776.08

In Re: Standard Jury Instructions in Criminal Cases - Report 2016-06 – Corrected Opinion

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684622

Published

trespass or burglary. Forcible felonies are listed in § 776.08 Fla. Stat. If requested, the jury should be instructed

In Re: Standard Jury Instructions in Criminal Cases—report 2016-06

217 So. 3d 965

Supreme Court of Florida | Filed: Feb 9, 2017 | Docket: 4582773

Published

trespass or burglary. Forcible felonies are listed in § 776.08 Fla. Stat. If requested, the jury should be instructed

Kenneth J Terry v. State of Florida

207 So. 3d 1037, 2017 WL 469794, 2017 Fla. App. LEXIS 1393

District Court of Appeal of Florida | Filed: Feb 3, 2017 | Docket: 4579987

Published

non-forcible felony, as that term is defined in section 776.08, Florida Statutes. 1 The trial

Travis Ball v. State

208 So. 3d 327, 2017 Fla. App. LEXIS 300

District Court of Appeal of Florida | Filed: Jan 13, 2017 | Docket: 4571002

Published

included in the definition of “forcible felony” in section 776,08, Florida Statutes (2013), because the critical

Orr v. State

206 So. 3d 120, 2016 Fla. App. LEXIS 17997

District Court of Appeal of Florida | Filed: Dec 7, 2016 | Docket: 4550696

Published

felony that is not a forcible felony under section 776.08. Orr’s offense is resisting an officer with

Rodriguez-Aguilar v. State

198 So. 3d 792, 2016 Fla. App. LEXIS 3601, 2016 WL 886225

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3044949

Published

felony but not a forcible felony as defined in section] 776.08, and excluding any third degree felony violation

Rudin v. State

182 So. 3d 724, 2015 Fla. App. LEXIS 19106, 2015 WL 9287023

District Court of Appeal of Florida | Filed: Dec 22, 2015 | Docket: 60252812

Published

felony— specifically, aggravated battery. See § 776.08, Fla. Stat. (20Í4) (designáting aggravated battery

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

trespass or burglary. Forcible felonies are listed in § 776.08 Fla. Stat. Proof of intent. The

Robert Dresch v. State

150 So. 3d 1199, 2014 Fla. App. LEXIS 18398, 2014 WL 5834375

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595477

Published

forcible felony within the meaning of section 776.08, Fla. Stat. (2013), 1 because the

Hearns v. State

117 So. 3d 454, 2013 Fla. App. LEXIS 11231, 2013 WL 3723213

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232680

Published

because BOLEO is not a forcible felony under section 776.08.... ”); Hearns v. State, 912 So.2d 377, 379-80

Bradley v. State

106 So. 3d 530, 2013 Fla. App. LEXIS 2251, 2013 WL 514095

District Court of Appeal of Florida | Filed: Feb 13, 2013 | Docket: 60228271

Published

section. The list of “forcible felonies” in section 776.08, Florida Statutes (2010), does not specifically

Donaldson v. State

1 So. 3d 412, 2009 Fla. App. LEXIS 1089, 2009 WL 331006

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 1653951

Published

the same test applies to either section. See § 776.08, Fla. Stat.; Hearns, 961 So.2d at 217-18; see

Wilder v. State

992 So. 2d 912, 2008 WL 4682605

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1388238

Published

"forcible felony" is subject to VCC sentencing); § 776.08, Fla. Stat. (2000, 2001, 2004) (defining "forcible

Jones v. State

988 So. 2d 1109, 2008 Fla. App. LEXIS 10299, 2008 WL 2663776

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 64855538

Published

has repeatedly rejected that argument because section 776.08, Florida Statutes (1999), expressly lists “burglary”

Zink v. State

951 So. 2d 34, 2007 Fla. App. LEXIS 3065, 2007 WL 624070

District Court of Appeal of Florida | Filed: Mar 2, 2007 | Docket: 64849680

Published

include any forcible felony, as described in section 776.08, or escape. § 775.084(l)(d)(l)(a), (f). At

Chacon v. State

937 So. 2d 1177, 2006 Fla. App. LEXIS 14893, 2006 WL 2548229

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 64846875

Published

forcible felonies described in section 776.08 as qualifying offenses); § 776.08, Fla. Stat. (2005) (listing

State v. L.L.

933 So. 2d 3, 2006 Fla. App. LEXIS 5764

District Court of Appeal of Florida | Filed: Apr 21, 2006 | Docket: 64845694

Published

physical force or violence against any individual. § 776.08, Fla. Stat. (2004) (emphasis added). Battery on

State v. LL

933 So. 2d 3, 2006 WL 1041995

District Court of Appeal of Florida | Filed: Apr 21, 2006 | Docket: 1712275

Published

physical force or violence against any individual. § 776.08, Fla. Stat. (2004) (emphasis added). Battery on

Graham v. State

933 So. 2d 1, 2006 WL 547972

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 2549200

Published

one of the forcible felonies enumerated in section 776.08, Florida Statutes or that it was committed

Shorter v. State

891 So. 2d 1146, 2005 Fla. App. LEXIS 572, 2005 WL 156742

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 64835653

Published

times for a forcible felony as described in section 776.08, has been incarcerated in a state or federal

Hill v. State

804 So. 2d 524, 2002 Fla. App. LEXIS 13, 2002 WL 4590

District Court of Appeal of Florida | Filed: Jan 2, 2002 | Docket: 64811589

Published

burglary is a “forcible felony” as defined in section 776.08, Florida Statutes (2000), burglary is a qualified

State v. Burgos

613 So. 2d 588, 1993 Fla. App. LEXIS 1642, 1993 WL 30598

District Court of Appeal of Florida | Filed: Feb 10, 1993 | Docket: 64694000

Published

physical force or violence against any individual.” § 776.08, Fla. Stat. (1991). When appellee committed the