November 24, 2024

Here’s how long Derek Chauvin could spend in prison

Derek Chauvin #DerekChauvin

Key moments from Derek Chauvin trial

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Derek Chauvin’s conviction on all three charges stemming from the May 25, 2020, death of George Floyd could lead to a sentence that lasts decades — and to another court battle.

Chauvin will learn his fate in eight weeks, when Judge Peter Cahill hands down punishment to the former police officer who was found guilty on Tuesday of second-degree murder, third-degree murder and second-degree manslaughter.

a man standing in front of a laptop: Hennepin County Judge Peter Cahill speaks at during the verdict announcement in the trial of Derek Chauvin at the Hennepin County Courthouse in Minneapolis, April 20 2021. © ABC News Hennepin County Judge Peter Cahill speaks at during the verdict announcement in the trial of Derek Chauvin at the Hennepin County Courthouse in Minneapolis, April 20 2021.

Under Minnesota sentencing guidelines, for a person with no criminal history, each murder charge carries a presumptive sentence of 12 1/2 years, while a manslaughter conviction has a presumptive sentence of four years.

But each count carries a different maximum sentence — 40 years for second-degree unintentional murder, 25 years for third-degree murder, 10 years for second-degree manslaughter.

Abrams predicted that the prosecution will ask the judge to sentence Chauvin to more years in prison.

a man wearing a suit and tie: Former Minneapolis police officer Derek Chauvin stands with Defense attorney Eric Nelson, left, after the verdict was read at the conclusion of his trial in the death of George Floyd, April 20 2021, at the Hennepin County Courthouse in Minneapolis. © Court TV via ABC News Former Minneapolis police officer Derek Chauvin stands with Defense attorney Eric Nelson, left, after the verdict was read at the conclusion of his trial in the death of George Floyd, April 20 2021, at the Hennepin County Courthouse in Minneapolis.

Chauvin will be sentenced on the second-degree murder because, per state law, it’s the single most serious charge. Although sentencing guidelines suggest it’s more likely he could get closer to 15 years, prosecutors likely will argue otherwise, citing aggravating factors — minors at the scene watched Floyd die, in one example — that could push 15 years closer to 40.

a man standing in front of a laptop © ABC News

MORE: Derek Chauvin found guilty on all counts in death of George Floyd: Live updates

“That is the next big debate in the case, over exactly what should be the sentence for Derek Chauvin,” said ABC News Legal Analyst Dan Abrams, who said he expects the prosecution to push for a longer sentence.

Chauvin was remanded into custody following the jury verdict. During the end of closing arguments, the former officer waived his right to have a jury decide his sentencing. Cahill alone will decide.

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