(FOX 47) — On Wednesday, a 12 person jury found Derek Chauvin guilty of murder and manslaughter for the death of George Floyd.
- Second-Degree Unintentional Murder– 40 year max sentence
- Third-Degree Murder – 25 year max sentence
- Second-Degree Manslaughter -10 year max sentence
The Minnesota Sentencing Guidelines say someone without prior convictions like Chauvin, would most likely get a 12.5 year sentence for second and third-degree murder, and a four-year sentence for manslaughter.
In mid-June, Chauvin will return to court to be sentenced.
“At that point, the attorney and the defendant and the prosecuting authority will appear before the judge and argue or agree on what the sentence is going to be,” said Jim McGeeney, criminal defense attorney.
The state is pushing that Chauvin get a higher sentenced than what’s in the guidelines because of “aggravating factors.”
“They’re going to ask for the judge likely to sentence Mr. Chauvin to greater than what the sentencing guidelines calls for,” McGeeney said.
- Floyd was vulnerable due to officers restraints
- Floyd was treated with particular cruelty
- Children witnessed the crime
- Chauvin abused his position of authority
- The officers acted a group
Chauvin waived his right to have the jury decide on those factors.
“So the judge need only to find one of those factors in order to depart and sentence Mr. Chauvin to more than what the guidelines call for,” McGeeney said.
After the sentencing, Chauvin has 90 days to appeal.
“When you appeal, you’d be appealing defects in your trial. So he’s be appealing all three convictions,” McGeeney said. “Some of the issues that would likely get raised on appeal would be; that it was prejudicial that it denied him his rights to due process and a fair trial to have his motion for change of venue denied.”
He said there were various grounds on why Chauvin would want to appeal that decision.
“The original pretrial publicity, announcement of the settlement with Mr. Floyd’s family,” McGeeney said.
So what does Chauvin’s conviction mean for the other former officers?
“It enables the prosecution to go forward,” McGeeney said. “They’re accused of aiding and abetting Chauvin really. So if he was acquitted it would be difficult to prosecute those cases in my opinion,”
Chauvin is in custody at Minnesota Correctional Facility – Oak Park Heights.
The trial for the three other former officers is scheduled for August.