A judge found aggravating factors in George Floyd's death that could mean a longer sentence for Derek Chauvin

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  • Chauvin could face up to 40 years in prison on his second-degree murder conviction.

  • Defendants with no prior record typically serve 12.5 years in prison on such a conviction.

  • Judge Peter Cahill found Wednesday that aggravating factors could call for a longer sentence.

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Derek Chauvin, the fired Minneapolis officer who killed George Floyd, could spend up to 40 years in prison after he's sentenced.

Judge Peter Cahill ruled Wednesday that aggravating factors at the scene of Floyd's death warrant a sentence for Chauvin that goes beyond terms laid out by state sentencing guidelines. A jury last month found the former officer guilty of second-degree murder, third-degree murder, and manslaughter.

Chauvin, 45, will be sentenced on the most serious charge, which is second-degree murder. The average prison sentence on that charge for a defendant who had no prior criminal record is 12.5 years.

Going above and beyond guidelines, called an "upward sentencing departure," can be granted when a judge or jury finds there were special circumstances that justify a lengthier prison term.

In court filings, prosecutors noted that there were five aggregating factors at play:

  • Floyd's murder happened in the presence of children as young as nine

  • Floyd was "particularly vulnerable" because he was handcuffed

  • Chauvin treated Floyd with "particular cruelty"

  • Chauvin abused his position of authority

  • Chauvin and the other officers on scene acted as a group

Cahill agreed with those factors in his Wednesday ruling.

Chauvin could have chosen to have a jury decide on the motion, but on the day of closing arguments in the murder trial he waived his right to do so, requesting Judge Peter Cahill do it instead.

Chauvin is expected to be sentenced on June 25.

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