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Derek Chauvin sentencing: What we know about potential prison time

In this image from video, defense attorney Eric Nelson, left, and defendant, former Minneapolis police officer Derek Chauvin listen to Hennepin County Judge Peter Cahill read instructions to the jury before closing arguments, Monday, April 19, 2021, in the trial of Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool)

(NEXSTAR) – A Hennepin County jury found Derek Chauvin guilty on all three counts against him Tuesday, setting the stage for the sentencing of the former Minneapolis officer.

After about ten hours of deliberation, the jury found Chauvin guilty of second-degree unintentional murder, third-degree murder and second-degree manslaughter. Following the conviction, Judge Peter Cahill indicated sentencing would come in about eight weeks.


According to the Associated Press, each count carries a different maximum sentence: 40 years for second-degree unintentional murder, 25 years for third-degree murder, and 10 years for second-degree manslaughter.

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

Prosecutors are seeking a sentence that goes above the guideline range. They cited several aggravating factors, including that Floyd was particularly vulnerable, that Chauvin was a uniformed police officer acting in a position of authority, and his alleged crime was witnessed by multiple children — including a 9-year-old girl who testified that watching the restraint made her “sad and kind of mad.”

Chauvin has waived his right to have a jury decide if aggravating factors exist. Judge Peter Cahill will now make that decision and sentence Chauvin. In Minnesota, defendants typically serve two-thirds of their penalty in prison, with the rest on parole.

The Associated Press contributed to this report.