A motion filed Wednesday, June 2, by an attorney representing Derek Chauvin requested that a Minnesota judge only sentence him to probation and time served. This comes roughly three weeks ahead of Chauvin’s sentencing hearing for the murder of George Floyd.

He faces up to 40 years in prison for the crime committed. The state is requesting a sentence of 360 months, or 30 years, according to a court document filed Wednesday.

Yet, the attorney, Eric Nelson, is arguing that a police officer’s life expectancy is shorter than that of a civilian. “Chauvin’s age weighs in his favor when determining a sentence,” Nelson wrote. “The life expectancy of police officers is generally shorter, and police officers have a significantly higher average probability of death from specific diseases than did males in the general population. He has been preliminary diagnosed with heart damage and may likely die at a younger age like many ex-law enforcement officers.”

While prosecution against Chauvin successfully argued that aggravating factors on the day of Floyd’s death merit consideration of a lengthier sentence, Nelson is asking Judge Cahill to reverse those findings, also citing that his client was “unaware” that he was committing a crime. And while Chauvin, who never testified during trial, has been “painted as a dangerous man” in the eyes of the public, according to Nelson, he is not an “average offender” because he led a “hard-working, law abiding life” and had no criminal history prior to Floyd’s death.

Derek Chauvin is scheduled for sentencing on June 25, which comes on the one year and one month anniversary of when he pinned George Floyd to the ground for more than 9 minutes.