The jury found Derek Chauvin guilty of all three charges that had been brought against him: second-degree murder (“unintentional felony murder”), third-degree murder (“depraved heart”), and second-degree manslaughter.
What does that mean as far as how long Chauvin might stay in prison?
Under Minnesota law, second-degree murder is punishable by a prison term of up to 40 years:
MN Statutes § 609.19(2)(1):
Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
Under Minnesota law, third-degree murder is punishable by a prison term of up to 25 years:
MN Statutes § 609.195 (a)
Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.
And, under Minnesota law, second-degree manslaughter is punishable by a prison term of up to 10 years:
MN Statutes § 609.205(1)
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another;
Does that mean that Chauvin is possibly facing 75 years in prison?
No, it doesn’t. He’s more likely to be imprisoned for 10 to 13 years.
The following explanation was written by an experienced appellate public defender in Minnesota (who prefers to not be named in a public forum such as DKos), who has given permission for the material to be quoted in its entirety.
***********************
The state charged Chauvin with three counts: second-degree murder (unintentional), third-degree murder (depraved heart), and second-degree manslaughter. By charging this way, the state avoided having to litigate the issue of asking for instructions on lesser-included offenses. The state was able to cast a wide net from the beginning in the hope of getting a guilty verdict on something. Had the state not done so, and instead asked for lesser-included instructions at trial, it risked Chauvin gambling on a not guilty verdict on the single charge and arguing against the instructions. While Minnesota has specific case law governing lesser-included-instruction requests, charging the offenses separately was safer for the state.
The jury found Chauvin guilty on all three counts—what does that mean?
The answer is governed by two Minnesota statutes. The correct procedure will be for Judge Cahill to enter a conviction only on the second-degree-murder offense. This is because of Minn. Stat. § 609.04, which governs lesser-included offenses and has specific criteria for determining whether an offense is a lesser-included.
In Minnesota, third-degree murder and second-degree manslaughter are lesser includeds of second-degree murder. This is based on the application of Minn. Stat. § 609.04, along with case law interpreting that statute. On appeal, we sometimes see that district court judges have incorrectly entered convictions on multiple offenses even though Minn. Stat. § 609.04 applies. It can be confusing!
Even if the offenses are not lesser includeds, another Minnesota statute applies: Minn. Stat. § 609.035. That statute instructs that if a person’s conduct constitutes more than one offense, the person may be punished for only one of the offenses. This means a person will be punished for the most serious of the offenses arising out of a single behavioral incident. For Chauvin, the most serious offense is second-degree murder, so that is the offense on which he will be sentenced.
What will Chauvin’s presumptive sentence be?
The answer is governed by the Minnesota Sentencing Guidelines. Just about every offense in Minnesota is ranked by the guidelines. A person’s sentence is calculated by a combination of how the offense is ranked and the person’s criminal history score. This is called the presumptive sentencing range. This is the sentence the judge is required to impose unless substantial and compelling reasons support a departure. The judge can impose a sentence anywhere within that range and it is not considered a departure. The second-degree-murder provision Chauvin was charged with is ranked at a severity level 10. Because Chauvin does not have a criminal history score, the presumptive range is 128 to 180 months. Judge Cahill can sentence anywhere within this range without having to provide departure reasons.
What about a durational sentencing departure?
Early on in the proceedings, the state gave notice that it intended to seek an aggravated sentence. In Minnesota, we call this a Blakely notice because the law and procedure is based on SCOTUS’ Blakely v. Washington. The state noticed five departure factors: 1.) Floyd was particularly vulnerable, 2.) Floyd was treated with particular cruelty, 3.) Chauvin abused his position of authority, 4.) Chauvin committed the crime as part of a group of three or more, and 5.) the presence of multiple children.
Some of you heard something to the effect that Chauvin “waived Blakely.” All that means is that he waived his right to a sentencing jury. Because he did so, Judge Cahill will act as the factfinder. The waiver does not mean he agreed the state met its burden of proving the existence of the factors or that he agreed Judge Cahill could apply them.
If Judge Cahill finds that the state met its burden of proving any or all factors, this gives him the authority to exercise his discretion to depart from the presumptive sentence. But he is not obligated to do so. Criminal defense attorneys often have to fight to remind the courts that departures are meant to apply in a small number cases. For durational departures (as opposed to dispositional departures), this means a departure is appropriate in cases in which the offense is more serious than the typical offense.
Departures, however, are not supposed to be the norm in Minnesota. If Judge Cahill departs based on aggravating factors, he can go up to double the presumptive sentencing range, i.e., 256-360 months. If he wants to go above a double departure, he would have to find “severe” aggravating factors. (And, before you ask, legal minds in Minnesota are not in agreement about what the ultimate sentence likely will be. Most think there will be an upward departure of some sort, though.)
How much of the sentence will Chauvin serve?
In Minnesota, people generally serve 2/3 of their sentence in prison and 1/3 out of prison on supervised release. Against the 2/3 time, people get credit for any time in custody between arrest (or when there was probable cause to charge) and sentencing. Chauvin spent some time in custody before he posted bail. He also will be in custody until he is sentenced. He will get credit against his 2/3 time for all of those in-custody days.
Will there be an appeal?
Undoubtedly yes. And, in Minnesota, criminal defendants are guaranteed one right of review. The appeal will be heard by the Minnesota Court of Appeals. And regardless of who wins, the losing party surely will petition the Minnesota Supreme Court for review.
What happens if the second-degree-murder conviction is “thrown out”?
While there are rare occasions when something like that happens in district court, I don’t see this case as being one of them. Chauvin can argue on appeal, however, that the evidence was insufficient to support his second-degree-murder conviction. If the COA agrees with him, then, yes, his conviction will be reversed outright. This means he would go back to district court and Judge Cahill would enter a conviction and sentence on the next highest offense: third-degree murder.
What would Chauvin’s sentence be on third-degree murder?
I’m so glad you asked because this is where it gets interesting! Although Chauvin’s second-degree-murder offense has a longer statutory maximum and is therefore the highest ranking offense, the statutory provisions for that offense and third-degree murder Chauvin was charged with are actually ranked the same by the guidelines. This means the presumptive sentencing range for Chauvin’s third-degree murder offense is also 128-180 months.
*************************
Most of the comments I’ve seen speculate that Judge Cahill will impose an upward departure and sentence Chauvin to around 20 years. That translates to about 13 years in prison followed by 7 in supervised release.