Florida Statutes
Fla. Stat. § 776.08 (2025)
Forcible felony.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 116
cases (16 in the last 5 years), 1981–2026 · leading case: State v. Hearns, 961 So. 2d 211 (Fla. 2007).
State v. Hearns, 961 So. 2d 211 (Fla. 2007). “§ 776.08, Fla. Stat. (2000) (emphasis added).”
Perkins v. State, 576 So. 2d 1310 (Fla. 1991). “§ 776.08, Fla. Stat. (1987). Taken in its ordinary and plain meaning, the term "involve" means "to contain within itself, to make necessary as a condition or result.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “6(g), the following additional modifications are made: (1) the language "[or] the imminent commission of (applicable forcible felony listed in § 776.08, Fla. Stat.) against [himself] [herself] [or] [another]" is added to the sentence pertaining to justification of nondeadly…”
Rodriguez v. State, 837 So. 2d 1177 (Fla. 3d DCA 2003). “See § 776.08, Fla. Stat. The Falco decision demonstrates the incorrectness of the defendant's argument.”
State v. Hackley, 95 So. 3d 92 (Fla. 2012). “” § 776.08, Fla. Stat. (2000). Applying the “statutory elements” test set forth in Perkins v.”
Walker v. State, 965 So. 2d 1281 (Fla. 2d DCA 2007). “" § 776.08, Fla. Stat. (2005). Relying on its prior decision in Perkins v.”
Reed v. State, 192 So. 3d 641 (Fla. 2d DCA 2016). “The first subclass consists of offenders convicted of “forcible felonies,” as defined in section 776.08, Florida Statutes (2011). Section 776.”
Ubilla v. State, 8 So. 3d 1200 (Fla. 3d DCA 2009). “08); § 776.08, Fla. Stat. (1997) (defining a forcible felony as “treason; murder; manslaughter; sexual battery; caijacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; un *1203 lawful…”
Cala v. State, 854 So. 2d 840 (Fla. 3d DCA 2003). “ective of the use or threat of physical force or violence, as well as those crimes not enumerated which involve the use or threat of physical force or violence: "Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery;…”
Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002). “Although a "forcible felony" as used in the statute includes an aggravated battery, see § 776.08, Fla. Stat., the plain language of section 776.”
Hudson v. State, 800 So. 2d 627 (Fla. 3d DCA 2001). “084(1)(c) allows the trial court judge to sentence a defendant to a term of imprisonment as a violent career criminal if it finds that both the charged offense qualifies and at least three of the defendant's prior felonies also qualify.”
Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002). “Section 776.08, Florida Statutes (1997), provides: 776.”
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