The second-degree murder charge requires prosecutors to prove Chauvin caused Floyd’s death while committing or trying to commit a felony — in this case, third-degree assault. Prosecutors don’t have to prove that Chauvin was the sole cause of Floyd’s death — only that his conduct was a “substantial causal factor.” The manslaughter charge has a lower bar, requiring proof that Chauvin caused Floyd’s death through negligence that created an unreasonable risk, and consciously took the chance of causing severe injury or death.
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Second-degree murder in Minnesota can be “intentional” or “unintentional,” which is the charge Chauvin faces, and is punishable by up to 40 years in prison if convicted. The second-degree murder charge requires prosecutors to prove Chauvin caused Floyd’s death while committing or trying to commit a felony — in this case, third-degree assault.
Third-degree murder would require a lower standard of proof than second-degree. To win a conviction, prosecutors would have to show only that Floyd’s death was caused by an act that was obviously dangerous, though not necessarily a felony. That would result in a maximum sentence of 25 years.
But there are caveats. Chauvin has no criminal history, which means he will probably end up serving about 12.5 years whether he is convicted of second- or third-degree murder.
Manslaughter, the least serious charge but also the one with the lowest burden of proof, means a maximum of just 10 years behind bars if convicted. The manslaughter charge has a lower bar, requiring proof that Chauvin caused Floyd’s death through negligence that created an unreasonable risk, and consciously took the chance of causing severe injury or death.
@Leigh is going to be a busy man pinking all the racists.
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