Use of Force in Self-Defense 776 7/16/2024

Questions and Answers

Under what circumstances can a person use or threaten to use force against another?

When they reasonably believe it is necessary to defend themselves or another against imminent unlawful force (correct)

When the other person is unarmed

When they are engaged in a criminal activity

When they feel threatened or harassed

What is the condition for using or threatening to use deadly force?

When the person reasonably believes it is necessary to prevent imminent death or great bodily harm (correct)

When the other person is a law enforcement officer

When the person is engaged in a criminal activity

When the person is in a public place

Does a person have a duty to retreat before using or threatening to use force?

Yes, when they are in a public place

Only when they are engaged in a criminal activity

No, when they are in their dwelling or residence (correct)

Yes, in all circumstances

What is the right of a person who is in a dwelling or residence in which they have a right to be?

To stand their ground and use or threaten to use force Signup and view all the answers

Under what circumstances can a person use or threaten to use nondeadly force?

When they reasonably believe it is necessary to defend themselves or another against imminent unlawful force Signup and view all the answers

When can a person be presumed to have held a reasonable fear of imminent peril of death or great bodily harm?

When the person against whom the defensive force was used was in the process of unlawfully and forcibly entering a dwelling Signup and view all the answers

What is the condition for using or threatening to use deadly force in a dwelling or residence?

When the person reasonably believes it is necessary to prevent imminent death or great bodily harm Signup and view all the answers

What is not a requirement for using or threatening to use deadly force?

The person must have a duty to retreat Signup and view all the answers

What is not a condition for the presumption of reasonable fear?

The person against whom the defensive force was used is a law enforcement officer Signup and view all the answers

Who has the right to stand their ground and use or threaten to use force?

A person who is in a dwelling or residence and has a right to be there Signup and view all the answers

When is a person using defensive force not justified in using or threatening to use force?

When the person who uses defensive force is engaged in a criminal activity Signup and view all the answers

What is the definition of a 'dwelling' according to the statute?

Any building or conveyance, including any attached porch Signup and view all the answers

What is the definition of a 'residence' according to the statute?

A dwelling in which a person resides either temporarily or permanently Signup and view all the answers

When is a person justified in using or threatening to use force to defend property?

When the person reasonably believes it is necessary to prevent or terminate another's trespass on real property Signup and view all the answers

What type of force is a person justified in using to defend property?

Force, except deadly force Signup and view all the answers

Does a person have a duty to retreat before using or threatening to use force to defend property?

No, a person never has a duty to retreat Signup and view all the answers

What is presumed about a person who unlawfully and by force enters or attempts to enter a person's dwelling?

That they are doing so with the intent to commit an unlawful act involving force or violence Signup and view all the answers

What is the definition of a 'vehicle' according to the statute?

A conveyance of any kind, whether motorized or not Signup and view all the answers

Under what circumstances can a person use or threaten to use deadly force?

If they reasonably believe it is necessary to prevent the imminent commission of a forcible felony Signup and view all the answers

What is the consequence of using or threatening to use force as permitted in s. 776.012, s. 776.013, or s. 776.031?

Immunity from criminal prosecution and civil action for the use or threatened use of such force Signup and view all the answers

Who is exempt from the immunity from criminal prosecution and civil action provided in s. 776.032?

Law enforcement officers acting in the performance of their official duties Signup and view all the answers

What is the burden of proof in a criminal prosecution once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant?

By clear and convincing evidence Signup and view all the answers

What is not available to a person who is attempting to commit, committing, or escaping after the commission of a forcible felony?

The justification described in the preceding sections of this chapter Signup and view all the answers

Under what circumstances can a person initially provoke the use or threatened use of force against themselves and still claim self-defense?

All of the above Signup and view all the answers

What must a law enforcement agency do before arresting a person for using or threatening to use force?

Determine that there is probable cause that the force that was used or threatened was unlawful Signup and view all the answers

What is awarded to the defendant if the court finds that they are immune from prosecution as provided in s. 776.032?

Reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant Signup and view all the answers

Under what circumstances can a person use or threaten to use deadly force without retreating?

If they are not engaged in a criminal activity and are in a place where they have a right to be Signup and view all the answers

What is the purpose of s. 776.041?

To exclude certain persons from the justification described in the preceding sections of this chapter Signup and view all the answers

Under what circumstances is a law enforcement officer justified in using force while making an arrest?

When the officer reasonably believes it is necessary to defend himself or herself or another from bodily harm Signup and view all the answers

Can a person use force to resist an arrest by a law enforcement officer?

No, if the officer is known or reasonably appears to be a law enforcement officer Signup and view all the answers

What is considered 'deadly force' by a law enforcement or correctional officer?

Force that is likely to cause death or great bodily harm Signup and view all the answers

When is a law enforcement officer not liable in any civil or criminal action arising out of the use of force?

When the officer uses force in good faith during and within the scope of his or her official duties Signup and view all the answers

Under what circumstances can a law enforcement officer use force to prevent escape?

When the officer reasonably believes it is necessary to prevent the escape of the arrested person from custody Signup and view all the answers

Can a law enforcement officer use force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful?

No, if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful Signup and view all the answers

What is the term for a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body?

Less-lethal munition Signup and view all the answers

When is a law enforcement officer justified in using any force which he or she reasonably believes to be necessary?

To prevent the escape of the arrested person from custody Signup and view all the answers

Who can assist a law enforcement officer in making an arrest?

Any person the officer has summoned or directed to assist him or her Signup and view all the answers

Under what circumstances can a law enforcement officer use deadly force?

When the fleeing felon poses a threat of death or serious physical harm to the officer or others Signup and view all the answers

Under what circumstances can a correctional officer use deadly force?

When a person is attempting to escape from a penal institution and the officer reasonably believes it is necessary Signup and view all the answers

What is the definition of a 'forcible felony'?

Any felony that involves the use or threat of physical force or violence against any individual Signup and view all the answers

What is a defense to a civil action for damages?

The injury arose from the commission of a forcible felony by the plaintiff Signup and view all the answers

What happens to a losing party in a civil action if they are convicted and incarcerated for the crime?

They lose any privileges provided by the correctional facility Signup and view all the answers

What is awarded to the prevailing party in a civil action?

A reasonable attorney's fee to be paid in equal amounts by the losing party and the losing party's attorney Signup and view all the answers

What happens to a certified copy of the court's order in a civil action?

It is forwarded to the appropriate correctional institution or facility Signup and view all the answers

When can a civil action be stayed?

During the pendency of any criminal action that forms the basis for the defense Signup and view all the answers

What is the term for a crime that involves the use or threat of physical force or violence against any individual?

Forcible felony Signup and view all the answers

What is the penalty for a losing party in a civil action who is incarcerated and has insufficient assets?

They are required to pay by deduction from any payments they receive while incarcerated Signup and view all the answers

What is the purpose of the defense recognized by this section?

To provide a defense to civil actions for damages arising from injury sustained during the commission of a forcible felony Signup and view all the answers

What documentation is required when a state attorney or statewide prosecutor decides not to file an information, indictment, or other charging document due to a finding of lawful self-defense?

A written documentation in the files of the state attorney or statewide prosecutor Signup and view all the answers

What is the consequence of a court dismissing an information, indictment, or other charging document due to a finding of lawful self-defense?

The finding is recorded in an order or memorandum and retained in the court's records Signup and view all the answers

What is the benefit of having a finding of lawful self-defense documented and retained in the files of the state attorney or statewide prosecutor or in the court's records?

The person accused may apply for a certificate of eligibility to expunge the associated criminal history record Signup and view all the answers

What is the relevant statute for a person applying for a certificate of eligibility to expunge a criminal history record due to a finding of lawful self-defense?

s. 943.0578 Signup and view all the answers

What is the effect of a finding of lawful self-defense on a criminal history record?

The record is eligible for expungement Signup and view all the answers

What is the purpose of documenting a finding of lawful self-defense?

To support the person's application for a certificate of eligibility to expunge the associated criminal history record Signup and view all the answers

Study Notes

Use of Force in Defense of Person

A person is justified in using or threatening to use force, except deadly force, against another when they reasonably believe it is necessary to defend themselves or another against the other's imminent use of unlawful force.
No duty to retreat before using or threatening to use such force.

Justifiable Use of Deadly Force

A person is justified in using or threatening to use deadly force if they reasonably believe it is necessary to prevent:
- Imminent death or great bodily harm to themselves or another.
- The imminent commission of a forcible felony.

Home Protection

A person has no duty to retreat and has the right to stand their ground and use or threaten to use:
- Nondeadly force against another when they reasonably believe it is necessary to defend themselves or another against the other's imminent use of unlawful force.
- Deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the imminent commission of a forcible felony.

Presumption of Fear of Death or Great Bodily Harm

A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to themselves or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another, if:
- The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or was attempting to remove another against their will from the dwelling, residence, or occupied vehicle.
- The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Exceptions to Presumption

The presumption of fear of death or great bodily harm does not apply if:
- The person against whom the defensive force is used has a right to be in or is a lawful resident of the dwelling, residence, or vehicle, and there is no injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person.
- The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used.
- The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity.
- The person against whom the defensive force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or vehicle in the performance of their official duties and identifies themselves in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

Immunity from Criminal Prosecution and Civil Action

A person who uses or threatens to use force as permitted in Florida Statutes is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force.

Use of Force in Making an Arrest

A law enforcement officer, or any person whom the officer has summoned or directed to assist them, 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 that they reasonably believe is necessary to:
- Defend themselves or another from bodily harm while making the arrest.
- Retake felons who have escaped or are fleeing from justice.
- Arrest felons fleeing from justice.

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 that involves the use or threat of physical force or violence against any individual.

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Description

This quiz covers the use of force in self-defense, including when it is justified and the extent of force allowed. Learn about the laws surrounding self-defense.