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Lawyer Speaks
May 30, 2020 2:34PM EDT

Derek Chauvin Will ‘Likely’ Serve 10-15 Years In Prison If He’s Convicted Of Murder

Derek Chauvin
Ramsey County Sheriff's Office
A person walks past a graffito showing late George Floyd, in Berlin, Germany, 30 May 2020. A bystander's video posted online on 25 May, appeared to show George Floyd, 46, pleading with arresting officers that he couldn't breathe as an officer knelt on his neck in Minneapolis, Minnesota. The unarmed black man later died in police custody.  A series of demonstrations throughout the German capital, calling for ending of the social and economical restrictions imposed due to the coronavirus pandemic. The events are organised by groups of various motives, right wing activists, conspiracy theory believers and more, several counter demonstrations by left leaning organisations were also taking place.
Anti-restrictions protests and counter demos in Berlin, Germany - 30 May 2020
Mayor Bill de Blasio, third from left, participates in painting Black Lives Matter on Fifth Avenue in front of Trump Tower, in New York. The mayor's wife, Chirlane McCray, is fourth from left and Rev. Al Sharpton is second from left
Racial Injustice , New York, United States - 09 Jul 2020
People pose with a new Black Lives Matter mural outside of Trump Tower on Fifth Avenue in New York.
Black Lives Matter mural, New York, USA - 09 Jul 2020
Black Lives Matter is painted on Fifth Avenue in front of Trump Tower, in New York
Racial Injustice , New York, United States - 09 Jul 2020 View Gallery View Gallery 63 Photos.
Erin Silvia and Sarah Jones
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A Minnesota criminal attorney EXCLUSIVELY told HollywoodLife about what Derek Chauvin’s future could look like after he was charged with third-degree murder for the death of George Floyd.

Fired Minneapolis police officer Derek Chauvin, 44, was arrested and charged with third-degree murder and manslaughter for the death of unarmed African American man George Floyd on May 29. Minnesota criminal attorney and Certified Criminal Trial Specialist, Bruce Rivers told HollywoodLife about how the case may or may not unfold over the course of the next several months. Derek first gained attention on May 26, one day after Floyd’s death, due to a viral video that showed him holding his knee on Floyd’s neck for almost nine minutes after responding to a complaint of a “forgery in progress” even though Floyd repeatedly told him he couldn’t breathe.

Now that he is facing two different counts, he could face a maximum of 25 years in prison if convicted, but Rivers told us it will probably be less. “He was charged with 3rd degree murder as perpetrating eminently dangerous act and evincing depraved mind,” Rivers said. “Although the maximum sentence is 25 years, first time offenders usually don’t get the statutory maximum.”

Derek Chauvin
Former police officer Derek Chauvin has been charged in the death of George Floyd. Credit: Ramsey County Sheriff’s Office
George Floyd
The death of George Floyd has sparked massive protests nationwide. Credit: Ben Crump Law

“He will likely get somewhere along the guidelines which are 128 to 180 months with the mid-range of 150 months. For the 2nd degree manslaughter charge, that’s 48 months,” he continued. “If he’s sentenced to 48 months, he would serve 32 months. You get a third of the time off for good behavior. However, while he can be found guilty of both crimes, he can only be sentenced to one.”

Rivers went on to explain that although the sentence could be less than the maximum due to a first-time offense, it could also go the other way with a worst case scenario being a sentence “above the guidelines.” “Worst case scenario is upward departure which means a judge will sentence above the guidelines because the conduct is so bad or egregious,” he said.

He also talked about how things differ with Chauvin’s case because he’s being charged as a police officer and admitted that although prosecutors are not supposed to have to reach a higher standard to prove guilt in cops with juries, it often is the case. “They’re not supposed to but it kind of turns out that way,” he explained. “The system of justice is supposed to work equally for everybody.”

“Some people give police officers the benefit of the doubt because they are police officers,” he went on. “Some people do the opposite. So when somebody is prosecuted as a police officer, a prosecutor has got to get his ducks in a row and make sure everything is really solid before proceeding.”

Rivers concluded by saying a trial in this case could take up to a year and since the incident is all on video, he doubts that Chauvin will be able to avoid any jail time. “You know it’s hard to say what a jury will do, but with all the publicity on this case and even without the publicity, it’s all on video,” he said. “It’s so clear what he did and he really should have known that what he was doing was causing severe harm so if he gets convicted, which I’m sure he will, he’ll go to prison.”

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