Derek Chauvin faces a maximum of 40 years in prison following his conviction Tuesday for killing George Floyd during a botched arrest in Minneapolis.
He could get up to four decades behind bars for the top count of second-degree murder. The second count of of third degree murder carries a penalty of up to 25 years, but he will only be sentenced on the top count as per state law, said Samuel McCloud, who has practiced criminal law in Minnesota for 44 years.
The third count he was convicted of, second-degree manslaughter, carries a 10-year maximum — but he also will not face sentencing on that count as per state law, McCloud said.
While second-degree murder carries a “statutory maximum” of 40 years in the state, Chauvin will likely face far less time when he is sentenced, as per state sentencing guidelines.
The guidelines call for about 12 years in prison for Chauvin, but prosecutors have asked for an “upward departure” from that, which could add a number of years to the sentence, former prosecutor Susan Gaertner said.
A jury convicted Chauvin Tuesday on all counts after deliberating for a little more than 10 hours.
Chauvin killed Floyd in May 2020 by kneeling on his neck for more than nine minutes during an arrest on a Minneapolis street.
The former cop’s attorneys had argued he properly restrained Floyd, who was resisting and under the influence of drugs during the incident.
Chauvin was remanded into custody after the verdict was handed down and will face sentencing in eight weeks. Experts said he’ll likely be held in protective custody or potentially even serve time out of state.
At sentencing, he will likely be committed to the custody of the Minnesota Commissioner of Corrections — and could end up serving his time at a number of state facilities, a former Twin Cities prosecutor said Tuesday.
The former cop will likely first pass through the Minnesota state prison in St. Cloud, said Samuel Edmunds, who currently works as a defense attorney in Minneapolis.
“Most inmates start there and then most will get transferred to a different facility around the state,” Edmunds told The Post.
There are several state prisons across Minnesota that house inmates after they’ve been sentenced, Edmunds said.
He added that a local judge will not have authority over where an inmate is placed once they are turned over to corrections’ officials.