When someone is convicted of multiple crimes, a judge must decide how those sentences will be served. Will the prison terms run concurrently or consecutively?
Concurrent sentences mean the defendant serves all the sentences at the same time. Consecutive sentences mean they serve each sentence one after the other. So, if someone receives two 10-year sentences, concurrent would mean they serve a total of 10 years, while consecutive would mean they serve 20.
Understanding the difference between concurrent vs consecutive sentences is crucial, as it directly affects the total time a defendant spends in prison. Judges have considerable leeway in deciding which type of sentence to impose.
What are concurrent sentences?
When a judge sentences someone to serve multiple sentences concurrently, it means the sentences will run at the same time. So, if a person is convicted of, say, robbery and assault, they might be sentenced to five years for the robbery and three years for the assault, to be served concurrently. That means they’d only be incarcerated for five years total.
Judges often hand down concurrent sentences when the crimes are related or arise from a single incident. You’re also more likely to see concurrent sentences for less serious offenses.
Consecutive sentences
A consecutive sentence is when you serve prison time for multiple offenses one after the other. The sentences add up to one long prison term.
For example, if you get 5 years for one crime and 3 years for another, and those sentences are served consecutively, you’ll be in prison for 8 years.
Judges tend to use consecutive sentences for severe crimes, particularly when the crimes are separate events that show a pattern of behavior. For example, a judge might order consecutive sentences for a person convicted of multiple counts of armed robbery on different dates and in different locations.
Key Differences Between Concurrent and Consecutive Sentences
The main difference between concurrent and consecutive sentences comes down to how long a person will be incarcerated.
Impact on Incarceration Time
When sentences are concurrent, the prison time will be shorter than if the sentences are consecutive. For example, if someone receives two five-year sentences that run concurrently, they’ll be in prison for five years. If the sentences run consecutively, they’ll be in prison for ten years.
For people with multiple charges, consecutive sentences can lead to much longer prison terms.
Factors Influencing the Decision
Judges take several things into account when they decide whether sentences should run concurrently or consecutively. They’ll look at any aggravating circumstances, as well as any mitigating circumstances.
State laws and sentencing guidelines also play a role. Unless the law states otherwise, federal law generally says that sentences will run concurrently unless a judge determines that consecutive sentences are more appropriate.
How Judges Decide Between Concurrent and Consecutive Sentences
When a defendant is convicted of multiple crimes, it’s up to the judge to decide whether the sentences will run concurrently or consecutively.
Judicial Discretion
Judges have quite a bit of latitude when they’re deciding on the appropriate sentence, although this discretion is guided by legal principles and sentencing guidelines. In Wisconsin, judges have a particularly wide scope of power when it comes to sentencing.
Aggravating Factors
Aggravating factors are elements that increase the severity of the crime, which could lead to a harsher sentence. These factors might include:
- A prior criminal record
- The severity of the crime itself
- Whether the crime was premeditated
- Whether the offender is likely to re-offend
- Involvement in organized crime
- Interference with the administration of justice
- Committing a crime while on probation or pre-trial release
- Violence against children
Mitigating Factors
Mitigating factors are circumstances that lessen the severity of the crime and could warrant a more lenient sentence. Examples include:
- A lack of prior criminal record
- A good reputation in the community
- A mental or physical disability
- Genuine remorse for the crime
- Committing the crime under duress
- Unfortunate circumstances that led to the crime
- The offender’s young or old age
- A minor role in the offense
State-Specific Sentencing Guidelines
It’s important to remember that sentencing laws differ dramatically from state to state. What might be a concurrent sentence in one state could easily be a consecutive sentence in another.
For example, Illinois has strict rules about consecutive sentences, especially in cases involving violent crimes. If someone is convicted of multiple violent offenses in Illinois, the judge may be required to order that the sentences be served one after the other.
Other states have a more flexible approach. Judges in those states might have more discretion to decide whether sentences should run concurrently or consecutively, depending on the specific circumstances of the case and the defendant’s history.
The importance of legal representation
If you’re facing criminal charges, it’s essential to have an attorney on your side to help you understand sentencing rules and options.
A good criminal defense attorney can:
- Gather evidence and make persuasive arguments in court.
- Emphasize mitigating factors to convince a judge to order a concurrent sentence.
- Explain the possible sentencing outcomes for multiple charges.
If you’re facing multiple charges, it’s especially important to seek legal counsel as soon as possible.
Frequently Asked Questions
What does “consecutive” mean in a jail sentence?
When a judge orders sentences to be served consecutively, it means the sentences are served one after the other. So, if you receive two 5-year sentences to be served consecutively, you’ll serve a total of 10 years.
What is better: concurrent or consecutive?
For the defendant, a concurrent sentence is undoubtedly “better.” Concurrent sentences allow you to serve multiple sentences at the same time, potentially reducing your overall time in jail or prison. Consecutive sentences, on the other hand, stack the time, leading to a longer period of incarceration.
What does 15 consecutive years mean?
A sentence of 15 consecutive years means that the individual will be incarcerated for a period of 15 years, without the possibility of those years being served at the same time as any other sentence they may have received. Each year follows the previous one, adding up to the total of 15.
Why would a judge give a concurrent sentence?
A judge might impose concurrent sentences for several reasons. It could be due to the nature of the crimes being closely related, a lack of a prior criminal record, or the judge’s belief that a shorter overall sentence adequately addresses the situation. Concurrent sentences can also be a result of plea bargains or agreements between the prosecution and defense.
Conclusion
The difference between concurrent and consecutive sentences is critical: concurrent sentences mean serving multiple sentences at the same time, while consecutive sentences mean serving them back-to-back, significantly increasing the total time spent in jail or prison.
Judges consider various factors when deciding on sentencing, including aggravating and mitigating circumstances. A skilled attorney can present the case in a way that argues for the most favorable sentencing outcome.
Whether you receive a concurrent or consecutive sentence, remember that criminal convictions can have long-lasting consequences that extend far beyond jail time and fines. Be sure to consult with an attorney to understand the full impact of any conviction.