Home
Menu
904-383-7448
F.S. 782.02 on Google Scholar

F.S. 782.02 on Casetext

Amendments to 782.02


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.02 Florida Statutes and Case Law
782.02 Justifiable use of deadly force.The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.
History.ss. 4, 5, ch. 1637, 1868; RS 2378; ch. 4967, 1901; s. 1, ch. 4964, 1901; GS 3203; RGS 5033; CGL 7135; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 45, ch. 75-298; s. 1197, ch. 97-102.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 782.02 on Google Scholar

F.S. 782.02 on Casetext

Amendments to 782.02


Arrestable Offenses / Crimes under Fla. Stat. 782.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 782.02.


Civil Citations / Citable Offenses under S782.02
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 782.02.


Annotations, Discussions, Cases:

  1. Pileggi v. State

    232 So. 3d 415 (Fla. Dist. Ct. App. 2017)   Cited 1 times
    The State does not dispute that the standard jury instruction given accurately tracks the language of section 782.02 and the Stand Your Ground law, but argues that the inclusion of language tracking section 782.02 was incorrect. The State's position is based on its argument that the Stand Your Ground law "revised the subject matter" of section 782.02 and in doing so, "implicitly" replaced and repealed section 782.02. Specifically, the State argues that section 782.02 is "positively repugnant" with the Stand Your Ground law because section 782.02 does not contain the adjective "imminent" when referencing the threat to the person using self-defense nor does it require a "forcible felony" as referenced in the Stand Your Ground law. We disagree.
    PAGE 417
  2. bin-Rilla v. Israel

    113 Wis. 2d 514 (Wis. 1983)   Cited 78 times   2 Legal Analyses
    Sec. 782.02, Stats. 1981-82, provides:
    PAGE 516
  3. State v. Wagner

    No. 1D21-3802 (Fla. Dist. Ct. App. Nov. 30, 2022)
    After the lawyers and trial court agreed that the duty-to-retreat instruction did not apply and would not be given, they revisited the description of when deadly force would be justified. A few pages later in the transcript, they discussed whether to give an instruction on justifiable use of deadly force under section 782.02, Florida Statutes, which provides that "The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be." § 782.02, Fla. Stat. (2014). The court stated an inclination to give the instruction under section 776.012(2) instead because that "covers it all." It appears the trial court was focused only on the first sentence of section 776.012(2), which provides, "A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony." Comparing the provisions, section 776.012(2) expressly…
    PAGE 8
  4. State ex rel. Richards v. Leik

    175 Wis. 2d 446 (Wis. Ct. App. 1993)   Cited 29 times   1 Legal Analyses
    Richards is not entitled to statutory habeas corpus. Section 782.01(1), Stats., provides that "[e]very person restrained of personal liberty may prosecute a writ of habeas corpus to obtain relief from such restraint," subject to secs. 782.02 and 974.06, Stats. Section 782.02 provides in relevant part:
    PAGE 451
  5. § 782.02, Fla. Stat., and many statutes within Chapter 776 address the justifiable use or threatened use of deadly force, however, § 782.02, Fla. Stat., does not address the concept of stand-your-ground/no duty to retreat. Additionally, § 776.013(1), Fla. Stat., covers the situation where the defendant was in a dwelling and had the right to be there while §§ 776.012(1), and 776.031(2), Fla. Stats., cover other situations. Judges should use great caution in deciding which statutes apply and which parts of the instruction are required to be given.
    PAGE 1251
  6. Falco v. State

    407 So. 2d 203 (Fla. 1981)   Cited 25 times
    However, appellant contends that it is inherently unreasonable to demand the presence of a person to justify the use of deadly force in defense of his dwelling, (see section 782.02, Florida Statutes (1979)), but not in defense of his real or personal property. We disagree with appellant's argument for two reasons. First, appellant overlooks the fact that section 776.031, although expressly excluding the dwelling in reference to the protection of real property, can be read to include the dwelling in reference to the protection of personal property. It stands to reason that most, if not all, personal property would be found within the dwelling. Therefore, in light of section 782.02 and the castle doctrine, and our construction of section 776.031, appellant's argument that the owner of a dwelling has been arbitrarily and unreasonably denied equal protection is wholly without merit.
    PAGE 208
  7. Brown v. State

    454 So. 2d 596 (Fla. Dist. Ct. App. 1984)   Cited 41 times
    Florida Statute § 782.02 (1981) provides:
  8. Both Chapter 776 and § Section 782.02, Fla. Stat., and many statutes within Chapter 776 address the justifiable use of deadly force , however, § 782.02, Fla. Stat., does not address the concept of stand-your-ground/no duty to retreat. Additionally, § 776.013(1), Fla. Stat., covers the situation where the defendant was in a dwelling and had the right to be there while § 776.012(1), and § 776.031(2), Fla. Stat., cover other situations. The Committee advises lawyers and judges to use great caution in deciding which statute or statutes apply.
    PAGE 911
  9. Cobb v. Wainwright

    666 F.2d 966 (5th Cir. 1982)   Cited 18 times
    Fla.Stat. § 782.02 (1975) provides that "[t]he use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or upon or in any dwelling house in which such person shall be."
    PAGE 970