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Florida Statute 776.041 | Lawyer Caselaw & Research
F.S. 776.041 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
F.S. 776.041
776.041 Use or threatened use of force by aggressor.The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
History.s. 13, ch. 74-383; s. 1190, ch. 97-102; s. 7, ch. 2014-195.

F.S. 776.041 on Google Scholar

F.S. 776.041 on Casetext

Amendments to 776.041


Arrestable Offenses / Crimes under Fla. Stat. 776.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.041.



Annotations, Discussions, Cases:

Cases from cite.case.law:

RIVERA, v. STATE, 274 So. 3d 537 (Fla. App. Ct. 2019)

. . . See § 776.041 (2), Fla. Stat. (2014) ; State v. . . .

GRANT, v. STATE, 266 So. 3d 203 (Fla. App. Ct. 2019)

. . . Section 776.041, however, provides an exception to the justifiable use of force in defense of person . . . [i]s attempting to commit, committing, or escaping after the commission of, a forcible felony." § 776.041 . . . Relying on the plain language of section 776.041, Defendant argues that the forcible-felony instruction . . . The State nonetheless argues that because section 776.041 provides that the forcible-felony exception . . . Any reading of section 776.041 to the contrary would add an exclusion to the statute that the Legislature . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 908 (Fla. 2018)

. . . Also, the italicized note to trial judges citing section 776.041(1) is expanded to explain that the forcible . . . Aggressor. § 776.041(1), Fla. Stat. . . . Aggressor. § 776.041(2), Fla. Stat. Give if applicable. Gibbs v. . . . Aggressor. § 776.041(1), Fla. Stat. . . . Aggressor. § 776.041(2), Fla. Stat. Give if applicable. Gibbs v. . . .

PINKNEY, v. SECRETARY, DOC,, 876 F.3d 1290 (11th Cir. 2017)

. . . . § 776.041(1). . . . State, 831 So.2d 1263, 1265 (Fla. 4th DCA 2002) (explaining that the plain language of § 776.041(1) “ . . .

K. CONRAD, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 663 F. App'x 746 (11th Cir. 2016)

. . . The instruction at issue is based on Florida Statute § 776.041(1) (2002), which provides: The [self-defense . . . Stat. § 776.041); see also Fla. Std. Jury Instr. (Crim.) 3.6(f). . . . “Essentially, the jury was instructed that [Section] 776.041(1) would apply to preclude a self-defense . . .

D. BROWN, v. STATE, 194 So. 3d 507 (Fla. Dist. Ct. App. 2016)

. . . Further, in both section 776.041(2)(a), Florida Statutes (2010), and the standard jury instructions, . . .

E. COOK, v. STATE, 192 So. 3d 681 (Fla. Dist. Ct. App. 2016)

. . . .” § 776.041(1). Burglary is a foreible felony. § 776.08. . . . We conclude that section 776.041(1)—providing that self-defense as defined in section 776.012 is unavailable . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 411 (Fla. 2016)

. . . The forcible felony instruction is based on section 776.041(1), Florida Statutes (2015), and instructs . . .

STATE v. FLOYD,, 186 So. 3d 1013 (Fla. 2016)

. . . However, section 776.041, “Use of force by aggressor,” provides an exception to the above discussed defenses . . . withdraw and terminate the use of force, but the assailant continues or resumes the use of force, § 776.041 . . . against himself or herself, unless ... he or she has exhausted every reasonable means to escape.... ” § 776.041 . . .

WYCHE, v. STATE, 170 So. 3d 898 (Fla. Dist. Ct. App. 2015)

. . . standard jury instruction 3.6(f), which incorporates, in relevant part, sections 776.012, 776.013, and 776.041 . . . Section 776.041 is titled “Use of force by aggressor,” and it is the limiting statute when deadly force . . . Section 776.041 explains that the protections provided in the preceding sections are not available to . . . withdraw and terminate the use of force, but the assailant continues or resumes the use of force. § 776.041 . . . See § 776.041. . . . there is no duty to retreat (sections 776.012 and 776.013), and use of force by an aggressor (section 776.041 . . .

ROBERTS, v. STATE, 168 So. 3d 252 (Fla. Dist. Ct. App. 2015)

. . . Further, section 776.041, titled “Use of force by aggressor,” states the “justification described in . . . physical contact with the assailant” and “indicates clearly ... that he or she desires to withdraw.” § 776.041 . . . Here, instructions reflecting sections 776.012(1), 776.013(3), and 776.041(2) were read to the jury. . . .

CRUZ, v. STATE, 189 So. 3d 822 (Fla. Dist. Ct. App. 2015)

. . . and has the right to stand his or her ground and meet force with force, including deadly force-”); § 776.041 . . .

ROSS, v. STATE, 157 So. 3d 406 (Fla. Dist. Ct. App. 2015)

. . . The confusing instructions are derived from sections 776.013(3), Florida Statutes (2012), and 776.041 . . . not available to a person who: Initially provokes the use of force against himself or herself,.... § 776.041 . . .

GREGORY, v. STATE, 141 So. 3d 651 (Fla. Dist. Ct. App. 2014)

. . . The instruction on the forcible-felony exception is derived from section 776.041, Florida Statutes (2010 . . . ]s attempting to commit, committing, or escaping after the commission of, a forcible felony ....” § 776.041 . . .

SIMS, v. STATE, 140 So. 3d 1000 (Fla. Dist. Ct. App. 2014)

. . . Compare § 776.041(2)(a), Fla. Stat. with §§ 776.012, 776.013(3), Fla. Stat. . . . .

FANA, v. SECRETARY, DOC,, 4 F. Supp. 3d 1295 (M.D. Fla. 2014)

. . . District Court of Appeal thoroughly explained: The forcible felony defense instruction is based on section 776.041 . . . In fact, as is apparent from Giles, prior Florida Supreme Court decisions had indicated section 776.041 . . . Florida Supreme Court decisions never construed the forcible felony defense instruction based on section 776.041 . . .

MORGAN, v. STATE, 127 So. 3d 708 (Fla. Dist. Ct. App. 2013)

. . . . § 776.041, Fla. Stat. (2011); Fla. Std. Jury Instr. (Crim.) 3.6(f) (2011). . . . Although section 776.041(1) disallows self defense to a person “attempting to commit, committing, or . . . See § 776.041, Fla. Stat. (2011); Santiago, 88 So.3d at 1022. . . . .

FURNEY, v. STATE, 115 So. 3d 1095 (Fla. Dist. Ct. App. 2013)

. . . The instruction was based on section 776.041, Florida Statutes (2002), which provides in pertinent part . . . ) Is attempting to commit, committing, or escaping after the commission of, a forcible felony.... § 776.041 . . .

F. SANTIAGO, v. STATE, 88 So. 3d 1020 (Fla. Dist. Ct. App. 2012)

. . . explained in the court’s, opinion, it appears very likely that the instruction given under section 776.041 . . . Section 776.041 does not explain the policy underlying this confusing statute. . . . Santiago, then it might be that section 776.041 would prevent a claim of self-defense as to the charges . . . But section 776.041 would not seem to prevent a claim of self-defense, at a minimum, for the first homicide . . . The forcible felony exception—section 776.041(1), Florida Statutes (2000)—provides that self-defense . . .

HOLLAND, v. S. TUCKER,, 854 F. Supp. 2d 1229 (S.D. Fla. 2012)

. . . State, 604 So.2d 799, 803 (Fla.1992); § 776.041, Fla. Stat. (1989). . . .

DARLING, v. STATE, 81 So. 3d 574 (Fla. Dist. Ct. App. 2012)

. . . . § 776.041(2), Fla. Stat. (2007). . . .

SMITH, v. STATE, 76 So. 3d 379 (Fla. Dist. Ct. App. 2011)

. . . .] § 776.041(1), Fla. Stat. (2009). . . . aggravated battery, see section 776.08, Florida Statutes (2002) and (2009), “the plain language of section 776.041 . . . Thus, it clearly was error under section 776.041(1) in Giles’ and Appellant’s trials to give the challenged . . . State, 604 So.2d 799, 803 (Fla.1992) (holding that the section 776.041(1) jury instruction was proper . . . Essentially, the jury was instructed that 776.041(1) would apply to preclude a self-defense claim, when . . .

SANTIAGO, v. STATE, 76 So. 3d 1027 (Fla. Dist. Ct. App. 2011)

. . . The defendant shall be present at the new sentencing. .Under section 776.041(1), Florida Statutes (1987 . . .

VILA, v. STATE, 74 So. 3d 1110 (Fla. Dist. Ct. App. 2011)

. . . commission of, a forcible felony; or (2) Initially provokes the use of force against himself or herself, § 776.041 . . . determination as to whether the defendant surrendered his right to self-defense pursuant to section 776.041 . . .

JOHNSON, v. STATE, 65 So. 3d 1147 (Fla. Dist. Ct. App. 2011)

. . . was fundamental error for a trial court to issue an erroneous jury instruction incorporating section 776.041 . . . However, the applicability of section 776.041(2) does not follow the same condition as section 776.041 . . . there is no requirement for a contemporaneous independent forcible felony in the giving of the section 776.041 . . . Specifically, section 776.041 “[s]ubsection (2) precludes the initial aggressor from asserting self-defense . . . See § 776.041(2), Fla. Stat. (2010); see also Martinez, 981 So.2d at 452. . . .

REDDING, v. STATE, 41 So. 3d 353 (Fla. Dist. Ct. App. 2010)

. . . .” § 776.041, Fla. Stat. (2009). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . . Aggressor. § 776.041, Fla. Stat. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . .

J. CLARK, v. STATE, 23 So. 3d 1213 (Fla. Dist. Ct. App. 2009)

. . . See § 776.041(1), Fla. . . .

BARNES, v. STATE, 12 So. 3d 797 (Fla. Dist. Ct. App. 2009)

. . . . § 776.041(1), Fla. Stat. (1999). . . .

OCASIO, v. STATE, 994 So. 2d 1258 (Fla. Dist. Ct. App. 2008)

. . . This self-defense instruction derives from section 776.041(1), and we explained in Rich v. . . .

STOUTE, v. STATE, 987 So. 2d 748 (Fla. Dist. Ct. App. 2008)

. . . The forcible felony defense instruction is based on section 776.041(1), Florida Statutes (2000), which . . . In fact, as is apparent from Giles, prior Florida Supreme Court decisions had indicated section 776.041 . . .

CANCEL, v. STATE, 985 So. 2d 1127 (Fla. Dist. Ct. App. 2008)

. . . . § 776.041(1), Fla. Stat. (2007). . . . . § 776.041(2). Prior to the Florida supreme court decision in Martinez v. . . . See § 776.041(1), Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 976 So. 2d 1081 (Fla. 2008)

. . . . § 776.041, Fla. Stat. . . .

MARTINEZ, v. STATE, 981 So. 2d 449 (Fla. 2008)

. . . Id. at 1157 (emphasis supplied); see § 776.041(1), Fla. Stat. (2006). . . . Section 776.041 of the Florida Statutes, “Use of Force by Aggressor,” provides that a claim of self-defense . . . withdraw and terminate the use of force, but the assailant continues or resumes the use of force. § 776.041 . . . “[i]s attempting to commit, committing, or escaping after the commission of, a forcible felony.” § 776.041 . . . Indeed, under the State’s interpretation of section 776.041(1), in any case in which a defendant alleges . . .

BARNES, v. STATE, 993 So. 2d 542 (Fla. Dist. Ct. App. 2008)

. . . instruction, based on Florida Standard Jury Instruction (Criminal) 3.6(f), is predicated on subsection 776.041 . . .

GARRELL, v. STATE, 972 So. 2d 240 (Fla. Dist. Ct. App. 2007)

. . . Its statutory point of origin is section 776.041, Florida Statutes (2003). . . .

SIPPLE, v. STATE, 972 So. 2d 912 (Fla. Dist. Ct. App. 2007)

. . . The erroneous jury instruction Sipple complains about emanates from a legislative enactment, section 776.041 . . .

D. GRANBERRY, v. STATE, 967 So. 2d 1044 (Fla. Dist. Ct. App. 2007)

. . . Section 776.041(1), Florida Statutes, provides that the justification of self-defense or defense of others . . . felony (in this case, committing premeditated murder), when the victim pulled the gun, I read section 776.041 . . . felony exception is supposed to negate the defense of self-defense — that’s the reason for section 776.041 . . . whether the trial court erred in giving the forcible felony exclusionary charge described in section 776.041 . . .

BYERS v. RADIANT GROUP, L. L. C., 966 So. 2d 506 (Fla. Dist. Ct. App. 2007)

. . . But see § 776.041 (restricting the circumstances in which an individual, who was the aggressor, can justify . . .

SLOSS, v. STATE, 965 So. 2d 1204 (Fla. Dist. Ct. App. 2007)

. . . This instruction is based on section 776.041(1), Florida Statutes (2003), which provides that the justification . . .

McJIMSEY, v. STATE, 959 So. 2d 1257 (Fla. Dist. Ct. App. 2007)

. . . We have previously held this instruction, based on section 776.041(1), Florida Statutes (2004), to be . . . State, 604 So.2d 799 (Fla.1992) (holding that section 776.041 jury instruction was proper on claim of . . .

BLANTON, v. STATE, 956 So. 2d 480 (Fla. Dist. Ct. App. 2007)

. . . This instruction, which is founded upon section 776.041, Florida Statutes (2003), essentially limits . . .

GRAVES, v. STATE, 937 So. 2d 1286 (Fla. Dist. Ct. App. 2006)

. . . This court stated: [T]he plain language of section 776.041 indicates that it is applicable only under . . . The language of this instruction is based on section 776.041(1), Florida Statutes (2002). . . .

J. JACKSON, v. STATE, 935 So. 2d 107 (Fla. Dist. Ct. App. 2006)

. . . The complained-of jury instructions have their genesis in section 776.041, Florida Statutes (2003), entitled . . . The plain language of section 776.041(1), though, is such that the instruction is appropriately applied . . . 733 (Fla. 4th DCA 2005), holding that the giving of a standard instruction patterned after section 776.041 . . .

BARNES, v. STATE, 932 So. 2d 589 (Fla. Dist. Ct. App. 2006)

. . . See § 776.041, Fla. Stat. (2002). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 930 So. 2d 612 (Fla. 2006)

. . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . .

MARTINEZ, v. STATE, 933 So. 2d 1155 (Fla. Dist. Ct. App. 2006)

. . . The forcible felony exception instruction is based on section 776.041(1), Florida Statutes (2002), and . . .

YORK, Jr. v. STATE, 932 So. 2d 413 (Fla. Dist. Ct. App. 2006)

. . . The erroneous language in the instruction was based on section 776.041(1), Florida Statutes (2001), which . . .

BERTKE, v. STATE, 927 So. 2d 76 (Fla. Dist. Ct. App. 2006)

. . . The exception is based on section 776.041(1), Florida Statutes (2001), and is only applicable where the . . .

SWANSON, Jr. v. STATE, 921 So. 2d 852 (Fla. Dist. Ct. App. 2006)

. . . This instruction, based on section 776.041(1), Florida Statutes (2003), “is applicable only in circumstances . . .

GRIER, v. STATE, 928 So. 2d 368 (Fla. Dist. Ct. App. 2006)

. . . The forcible felony exception to self defense is predicated “on section 776.041(1) of the Florida Statutes . . .

HOUSTON, v. STATE, 919 So. 2d 489 (Fla. Dist. Ct. App. 2005)

. . . This instruction, which is based on section 776.041(1), Florida Statutes (2003), is applicable only under . . .

THOMAS, v. STATE, 918 So. 2d 327 (Fla. Dist. Ct. App. 2005)

. . . The underscored language is the “forcible felony” exception to self-defense, based on section 776.041 . . .

HOLLAND, v. STATE v. V. Jr., 916 So. 2d 750 (Fla. 2005)

. . . State, 604 So.2d 799, 803 (Fla.1992); § 776.041, Fla. Stat. (1989). 2. . . .

MOORE, v. STATE, 912 So. 2d 1252 (Fla. Dist. Ct. App. 2005)

. . . This instruction, which is based on section 776.041(1), Florida Statutes (2002), is applicable only under . . .

SHEPARD, v. V. CROSBY, Jr., 916 So. 2d 861 (Fla. Dist. Ct. App. 2005)

. . . The instruction complained of by the defendant was taken from the language of section 776.041(1), Florida . . . Simply put, section 776.041(1) “does not apply when it is claimed that the acts with which the defendant . . . At the end of trial, the court instructed the jury using the language contained in section 776.041(1) . . . (quoting § 776.041(1), Fla. Stat.) . . . State, 908 So.2d 524 (Fla. 2d DCA 2005) (section 776.041(1) instruction inapplicable where the defendant . . .

BROZEY, v. STATE, 911 So. 2d 867 (Fla. Dist. Ct. App. 2005)

. . . The portion of the self-defense instruction we address is based upon the wording in section 776.041(1 . . . This court has held that the inclusion of the section 776.041(1) instruction is erroneous when a defendant . . .

HAWK, v. STATE, 902 So. 2d 331 (Fla. Dist. Ct. App. 2005)

. . . This instruction is based on section 776.041(1), Florida Statutes, which states: 776.041 Use of force . . .

ESTEVEZ, v. STATE, 901 So. 2d 989 (Fla. Dist. Ct. App. 2005)

. . . The instruction given by the court (see infra) is based on section 776.041(1), Fla. . . . under section 776.08, Florida Statutes, this court noted in Giles that “the plain language of section 776.041 . . . State, 604 So.2d 799 (Fla.1992) (holding that section 776.041 jury instruction was proper on claim of . . . Essentially, the jury was instructed that 776.041(1) would apply to preclude a self defense claim, when . . .

WILLIAMS, v. STATE, 901 So. 2d 899 (Fla. Dist. Ct. App. 2005)

. . . The instruction contained the following language drawn from sections 776.041(1) and (2), Florida Statutes . . . To give the section 776.041(1) jury instruction in a case such as this is to commit fundamental error . . .

A. W. a v. STATE, 897 So. 2d 551 (Fla. Dist. Ct. App. 2005)

. . . See § 776.041(2), Fla. Stat. (2003). . . .

CARTER, v. STATE, 889 So. 2d 937 (Fla. Dist. Ct. App. 2004)

. . . It is based on section 776.041(1), Florida Statutes, which “is applicable only in circumstances where . . .

O. DAVIS, Jr. v. STATE, 886 So. 2d 332 (Fla. Dist. Ct. App. 2004)

. . . the trial court erred by overruling his objection and by giving a jury instruction based on section 776.041 . . . Davis timely objected at trial that the instruction, which was based on section 776.041(1), Florida Statutes . . . was not ineffective because, as of the date of Davis’ appeal, no case had clearly held that section 776.041 . . . Section 776.041(1) plainly does not apply when it is claimed that the acts with which the defendant is . . . The statute provides: 776.041 Use of force by aggressor— The justification described in the preceding . . . State, 604 So.2d 799 (Fla.1992), supported the use of the section 776.041(1), Florida Statutes, instruction . . .

JENKINS, v. STATE, 884 So. 2d 1014 (Fla. Dist. Ct. App. 2004)

. . . self-defense, because he was charged with killing a man with whom he had negotiated a drug deal, and section 776.041 . . .

DUNNAWAY, v. STATE, 883 So. 2d 876 (Fla. Dist. Ct. App. 2004)

. . . The language at issue is based on section 776.041(1), Florida Statutes, which states that use of force . . .

VELAZQUEZ, v. STATE, 884 So. 2d 377 (Fla. Dist. Ct. App. 2004)

. . . This instruction, based on section 776.041(1), Florida Statutes (2002), “is applicable only in circumstances . . .

HERNANDEZ, v. STATE, 884 So. 2d 281 (Fla. Dist. Ct. App. 2004)

. . . Essentially, the jury was instructed that [section] 776.041(1) would apply to preclude a self-defense . . .

H. CLEVELAND, v. STATE, 887 So. 2d 362 (Fla. Dist. Ct. App. 2004)

. . . The forcible felony instruction was based on section 776.041(1), Florida Statutes (2002), which is applicable . . . Giving a section 776.041(1) instruction where the only charge against Cleveland was the alleged aggravated . . . Although Cleveland did not make an objection at trial to the section 776.041(1) instruction, the giving . . .

BAKER, v. STATE, 877 So. 2d 856 (Fla. Dist. Ct. App. 2004)

. . . Essentially, the jury was instructed that [section] 776.041(1) would apply to preclude a self defense . . . The instruction was based on section 776.041(1), Florida Statutes (2000). . . . .

BARNES, v. STATE, 868 So. 2d 606 (Fla. Dist. Ct. App. 2004)

. . . The forcible felony instruction was based on section 776.041(1), Florida Statutes (2002), which by its . . .

RICH, v. STATE, 858 So. 2d 1210 (Fla. Dist. Ct. App. 2003)

. . . 831 So.2d 1263, 1265 (Fla. 4th DCA 2002), we held that this instruction, which is based upon section 776.041 . . .

ESTEVEZ, v. CROSBY,, 858 So. 2d 376 (Fla. Dist. Ct. App. 2003)

. . . See § 776.041(1), Fla. Stat. (2001). Defense counsel did not object to the instruction. . . . Section 776.041, Fla. . . .

FAIR, v. CROSBY,, 858 So. 2d 1103 (Fla. Dist. Ct. App. 2003)

. . . defense counsel did not object when the trial court gave the following instruction, based on section 776.041 . . . Regarding the defense of self-defense, section 776.041 provides in pertinent part as follows: The justification . . .

BYRD, v. STATE, 858 So. 2d 343 (Fla. Dist. Ct. App. 2003)

. . . See § 776.041, Fla. Stat (2000). . . .

NIEVES, v. STATE, 849 So. 2d 435 (Fla. Dist. Ct. App. 2003)

. . . . § 776.041 provides: "The justification described in the preceding sections of this chapter is not available . . .

D. GILES, v. STATE, 831 So. 2d 1263 (Fla. Dist. Ct. App. 2002)

. . . The instruction was based on section 776.041(1), Florida Statutes (2002), which provides: 776.041 Use . . . Stat., the plain language of section 776.041 indicates that it is applicable only under circumstances . . . State, 604 So.2d 799 (Fla.1992)(holding that section 776.041 jury instruction was proper on claim of . . . Essentially, the jury was instructed that 776.041(1) would apply to preclude a self-defense claim, when . . .

LANGSTON, v. STATE, 789 So. 2d 1024 (Fla. Dist. Ct. App. 2001)

. . . bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. 776.041 . . .

MARSHALL, v. STATE, 604 So. 2d 799 (Fla. 1992)

. . . Under section 776.041(1), Florida Statutes (1987), self defense is legally unavailable to a person who . . . .2d 1310 (Fla.1991) (holding drug trafficking was not a forcible felony within the meaning of section 776.041 . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . Aggressor F.S. 776.041 The use of force not likely to cause death or great bodily harm is not justifiable . . . In some instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . .

McGAHEE, v. STATE, 600 So. 2d 9 (Fla. Dist. Ct. App. 1992)

. . . The instruction was obviously based on section 776.041(1), Florida Statutes (1991): 776.041 Use of force . . . Section 776.041(1) plainly does not apply when it is claimed that the acts with which the defendant is . . .

PERKINS, v. STATE, 576 So. 2d 1310 (Fla. 1991)

. . . killing does not occur in the same sequence of events that flows from that aggressor's own violence, § 776.041 . . . aggressor has attempted to withdraw and has indicated this intention before the victim counterattacks. § 776.041 . . . Under section 776.041(1), Florida Statutes (1987), the defense of self defense is not available to a . . .

STATE v. PERKINS, 558 So. 2d 537 (Fla. Dist. Ct. App. 1990)

. . . While recognizing that, pursuant to section 776.041, Fla.Stat. (1987), a self-defense claim is not available . . .

BOWES, v. STATE, 500 So. 2d 290 (Fla. Dist. Ct. App. 1986)

. . . Section 776.041(1), Florida Statutes (1985), denies a defendant the right to assert self-defense and . . . We decline to extend section 776.041 to restrict a defendant from asserting excusable homicide, pursuant . . .

THE FLORIDA BAR STANDARD JURY INSTRUCTIONS CRIMINAL CASES, 477 So. 2d 985 (Fla. 1985)

. . . Aggressor F.S. 776.041 Give if applicable Define applicable forcible felony Force in resisting arrest . . . In some instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . . Aggressor F.S. 776.041 Give if applicable Define applicable forcible felony Force in resisting arrest . . . In seme instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . .

IVESTER, v. STATE, 398 So. 2d 926 (Fla. Dist. Ct. App. 1981)

. . . . § 776.041, Fla.Stat. (1974); contrast with Gray v. State, 463 P.2d 897 (Alaska 1970). . . .