If the jury within the trial of Derek Chauvin finds him responsible on any of the three charges he faces, it’ll definitely be a dramatic televised second when the decision is learn. However how a lot jail time Mr. Chauvin, the previous Minneapolis police officer charged within the killing of George Floyd, must serve if he’s discovered responsible is not going to be determined till a number of weeks later, after a pre-sentencing report about Mr. Chauvin’s background is produced. Judge Peter A. Cahill would even have to find out if there have been particular circumstances of the crime that will justify the next sentence than the jail phrases laid out by Minnesota’s sentencing tips.
Mr. Chauvin, who has been out on bail since final fall, may additionally be capable to go house after a responsible verdict, as he awaits sentencing. It might be as much as the choose to both order Mr. Chauvin to jail instantly, or let him stay out on bail, ought to he be discovered responsible. Mr. Chauvin is charged with two counts of homicide — second-degree unintentional homicide and third-degree homicide — and the sentencing tips for every, for a defendant like Mr. Chauvin with no prison historical past, is 12.5 years. However the most sentences for every cost differ: Second-degree homicide may very well be as excessive as 40 years in jail, whereas the utmost for third-degree homicide is 25 years.
Mr. Chauvin can be charged with second-degree manslaughter, which carries a most sentence of 10 years, however below the rules he would almost definitely be sentenced to 4 years.
The state, nonetheless, has requested for a lengthier sentence ought to Mr. Chauvin be convicted on any of the costs — what is named an “upward sentencing departure” — citing aggravating components together with, the state has mentioned in court docket filings, that the killing of Mr. Floyd occurred within the presence of kids, that Mr. Floyd was handled with “explicit cruelty” by Mr. Chauvin, and that Mr. Chauvin, as a police officer, “abused his place of authority.”
Mr. Chauvin had the choice of getting the jury rule on the irritating components or placing it within the palms of Decide Cahill. On the finish of closing arguments on Monday, Mr. Chauvin waived his proper to have the jury determine, placing the choice on sentencing solely within the palms of Decide Cahill.