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Some of you are having a hard time understanding the details regarding the charges. I thought I would help you out.
Misconception #1. Dropping the 3rd Degree Murder Charge changes the amount of time that Derek Chauvin is facing.
FALSE
Derek Chauvin was facing up to 40 years for murder before the 3rd degree murder charge was dropped, and he is STILL facing up to 40 years (for the 2nd degree murder charge). NOTHING has changed with regards to the amount of time that he is facing.
The dude in the other thread is misleading people by saying "Now, the most he can get is 15 years for unintentional murder." That is FALSE.
Sentencing guidelines fall within the 12.5 years to 15 years. That does NOT mean he doesn't face 40 years. A judge can go above that if he departs from the guidelines. It was even stated clearly in the quotation that dude in the other thread attached to the OP.
Will a judge depart from the guidelines. My guess is probably not. But that does NOT mean that dropping the 3rd degree charge has reduced the amount of time that Chauvin is facing. IT DOES NOT.
Misconception #2: Intent has to be proven for a murder conviction.
FALSE
The second degree murder charge does not rely on proving intent. You can figure this out just by looking at the charge:
Second Degree Murder – Unintentional – While Committing a Felony
What has to be proven for this charge to stick is that a felony was committed at the time. What felony? A felony offense "other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting.”
So what felony will they try to prove Derek Chauvin engaged in?
They will argue that he committed FELONY Third-Degree ASSAULT.
If it can be proven that Derek Chauvin assaulted George Floyd causing substantial bodily harm, and unintentionally cause his death, then Chauvin will be guilty of 2nd-degree murder.
Misconception #1. Dropping the 3rd Degree Murder Charge changes the amount of time that Derek Chauvin is facing.
FALSE
Derek Chauvin was facing up to 40 years for murder before the 3rd degree murder charge was dropped, and he is STILL facing up to 40 years (for the 2nd degree murder charge). NOTHING has changed with regards to the amount of time that he is facing.
The dude in the other thread is misleading people by saying "Now, the most he can get is 15 years for unintentional murder." That is FALSE.
Sentencing guidelines fall within the 12.5 years to 15 years. That does NOT mean he doesn't face 40 years. A judge can go above that if he departs from the guidelines. It was even stated clearly in the quotation that dude in the other thread attached to the OP.
Under the state's sentencing guidelines, a conviction on unintentional second-degree murder carries a presumptive sentence of 12.5 years. But a judge can order a sentence ranging up to 15 years without departing from the guidelines.
Misconception #2: Intent has to be proven for a murder conviction.
FALSE
The second degree murder charge does not rely on proving intent. You can figure this out just by looking at the charge:
Second Degree Murder – Unintentional – While Committing a Felony
What has to be proven for this charge to stick is that a felony was committed at the time. What felony? A felony offense "other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting.”
So what felony will they try to prove Derek Chauvin engaged in?
They will argue that he committed FELONY Third-Degree ASSAULT.
609.223 ASSAULT IN THE THIRD DEGREE.
Subdivision 1.Substantial bodily harm. Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Subdivision 1.Substantial bodily harm. Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
If it can be proven that Derek Chauvin assaulted George Floyd causing substantial bodily harm, and unintentionally cause his death, then Chauvin will be guilty of 2nd-degree murder.
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