What is attempted murder reclassified by victim’s employment as law enforcement officer or correctional officers in Florida?

The crime of Attempted Murder Reclassified by Victim’s Employment as Law Enforcement Officer or Correctional Officer punishment varies depending on the degree of murder attempted. The punishment can range from a First Degree Felony which is punishable up to 30 years in prison and a $10,000 fine to a Third Degree Felony that is punishable up to 5 years in prison and $5,000 fine.

This offense occurs when:

1. The person attempted to commit murder in the first degree, murder in the second degree or third degree or felony murder. 
2. Victim was a law enforcement officer, part-time law enforcement officer, auxiliary law enforcement officer, correctional officer, part-time correctional officer auxiliary correctional officer, correctional probation officer, part-time correctional probation officer, or auxiliary correctional probation officer.
3. Person knew victim was a was a law enforcement officer, part-time law enforcement officer, auxiliary law enforcement officer, correctional officer, part-time correctional officer auxiliary correctional officer, correctional probation officer, part-time correctional probation officer, or auxiliary correctional probation officer.
4. Victim was engaged in the lawful performance of a legal duty.

“Law enforcement officer”

means any person who is elected, appointed, or employed full time by any municipality or the State or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the State. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.

“Employing agency”

means any agency or unit of government or any municipality or the State or any political subdivision thereof, or any agent thereof, which has constitutional or statutory authority to employ or appoint persons as officers. The term also includes any private entity which has contracted with the State or county for the operation and maintenance of a nonjuvenile detention facility.

“Correctional officer”

means any person who is appointed or employed full time by the State or any political subdivision thereof, or by any private entity which has contracted with the State or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel.

“Correctional probation officer”

means a person who is employed full time by the State whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level.

“Part-time law enforcement officer”

means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the State.

“Part-time correctional officer”

means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution.

“Auxiliary law enforcement officer”

means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions.

“Auxiliary correctional officer”

means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility.

Defenses to Attempted Murder Reclassified by Victim’s Employment as Law Enforcement Officer or Correctional Officer:

• Person did not have knowledge victim was a Law Enforcement Officer, etc.
• Person did not attempt to commit murder. 
• Person abandoned the attempt and prevented the act from happening.

References:

Ramroop v. State: On knowledge.

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If you have been arrested or believe you will soon be arrested for the offense of attempted murder reclassified by victim’s employment as law enforcement officer or correctional officers in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

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