Murder or Attempted Murder of a Law Enforcement Officer in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What Section 782.065 Covers

The statute applies when the jury finds, beyond a reasonable doubt, two things.

1. The underlying crime was one of these:

• first-degree murder, when a death sentence is not imposed;
• second- or third-degree murder;
• attempted first- or second-degree murder;
• attempted felony murder; or
• since June 16, 2026, manslaughter under section 782.07(1).

2. The victim was a covered officer: a law enforcement officer, correctional officer, or correctional probation officer, including part-time and auxiliary officers, as defined in section 943.10, who was engaged in the performance of his or her official duties.

Penalty: life in prison without eligibility for release.

What the Jury Instructions Add

The standard instructions tell the judge to add three elements to the murder or attempted murder instruction being given (Instruction 6.7 for attempts, 7.13 for murder; see our Elements index and base crimes such as 6.2 and 7.2):

1. The victim was a law enforcement officer, correctional officer, or correctional probation officer (or a part-time or auxiliary officer of those types).
2. The defendant knew the victim was such an officer.
3. The victim was engaged in the lawful performance of a legal duty.

The 2026 change. Chapter 2026-144, Laws of Florida, effective June 16, 2026, rewrote the statute. It now refers to an officer "engaged in the performance of his or her official duties as described in s. 943.10" instead of the "lawful performance of a legal duty", and it added manslaughter. The October 9, 2026 instructions still use the older wording. The date of the alleged offense matters, and we check which version applies.

Instruction 6.7's comments note that the reclassification does not apply to the lesser offense of attempted manslaughter by act.

Related Penalty Laws

• Attempted first-degree murder of an officer (section 775.0823(2)). Since July 1, 2025 (chapter 2025-176), a 25-year minimum mandatory applies to attempted first-degree murder of a law enforcement or correctional officer, and also of a judge, prosecutor, public defender, or defense attorney, when it arises from that person's duties. Adjudication cannot be withheld.
• Aggravated manslaughter of an officer (section 782.07(4)). Causing an on-duty officer's, firefighter's, EMT's, or paramedic's death through culpable negligence is a first-degree felony (up to 30 years).
• First-degree murder is a capital felony. See Murder & Homicide for death-penalty procedure and bond.

Force Against an Officer: the 2026 Rule

The same 2026 law rewrote section 776.051. A person is not justified in using or threatening force to resist an arrest or detention by a law enforcement officer, or to resist an officer performing official duties, if the officer was acting in good faith and is known, or reasonably appears, to be an officer. "Acting in good faith" means making sincere and reasonable efforts to follow the law, even if the arrest or detention later turns out to be unlawful. See Resisting Arrest and Stand Your Ground.

Defense Themes

• Knowledge. Plain clothes, unmarked cars, and no announcement can bear on whether the person knew it was an officer.
• Official duties. Whether the officer was performing official duties, and which version of the law applies, can decide whether the life sentence applies.
• The underlying crime. Intent, premeditation, and identity still have to be proven.
• The video. Body-cam and bystander video are compared with the reports.

What to Do First

1. Say nothing to police or jail staff about what happened. Ask for a lawyer.
2. Do not talk on jail phones or in visits. They are recorded.
3. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is life without release really mandatory?

Under section 782.065, yes, once the jury makes the required findings beyond a reasonable doubt. That is why those findings are where the defense fights.

Does the 2026 law apply to my case?

It took effect June 16, 2026. The offense date controls which version applies.