Understanding the Chauvin charges: A sentencing thread for non-lawyers. There are three charges. For each there is a statutory maximum sentence and a sentencing guideline baseline. Those play out differently. The guideline number is more important. @MaryMoriarty
The Statutory max for the highest charge-- 2nd degree murder-- is 40 years. Because the charge is unintentional murder, the Guidelines set a target sentence of 12.5 years. In MN, that sentence is 2/3 prison & 1/3 on release (parole). That means about 8 years in prison.
Had Chauvin been charged with intentional murder, the Guideline sentence would have been about 25 years, meaning about 16.5 years in prison.
The middle charge is 3rd degree murder, which has a statutory maximum sentence of 25 years (vs. 40 for Murder 2). BUT... the guideline sentence is the same as for 2nd Degree unintentional murder (12.5 years). Again, that would probably result in about 8 years in prison.
That means that if Chauvin is acquitted of 2nd degree murder but convicted of 3rd degree murder, he will face the same sentence anyways. Unintentional 2nd degree murder and 3rd degree murder have the same offense level.
If Chauvin is convicted only of 2nd Degree Manslaughter, the statutory maximum sentence is 10 years, but the guideline target is only 4 years. That means he would probably only face a little more than two and a half years in prison.
Crucial caveat: The government could try to enhance the sentence above the guidelines (and the defense could try to mitigate the sentence below them). If the gov't wants to enhance the sentence, they will likely have to put the supporting facts before a jury pursuant to MN law.
The MN Guidelines set out aggravating factors, which include that the victim was particularly vulnerable. That could turn the defense arguments at trial on their head. Also possible are enhancements for "particular cruelty" or where three or more acted together (among others).
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