Next steps in sentencing for Derek Chauvin

Published: Apr. 21, 2021 at 6:35 PM CDT|Updated: Apr. 21, 2021 at 6:40 PM CDT
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MADISON, Wis. (WMTV) - It will be another eight weeks before we know just how much time Derek Chauvin could spend in prison.

University of Wisconsin-Madison Law Professor Keith Findley says since there were three convictions, the judge will decide how long Chauvin will serve each of those sentences, and in what manner.

Chauvin could face a maximum of 40 years in prison for second degree unintentional murder, 25 years for third degree murder, and 10 years for second degree manslaughter.

If the judge issues prison time for more than one of these convictions, he then has to decide how Chauvin will serve out his prison sentence.

“The judge then has the discretion to decide whether those sentences will run concurrently, that is they run simultaneously so if you get ten years on both, it doesn’t ‘add up’ you’re still doing 10 years total,” Findley said. “Or, the judge can rule that they will be run consecutively, which would be for example, 10 and 10, 20 years, which means they’d be run consecutively.”

Each state does have its own sentencing guidelines, but Findley says typically, judges hold a lot of authority when making sentencing decisions.

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