Sentencing is a critical part of the criminal justice system. It’s the stage where a judge determines the consequences a defendant will face after being convicted of a crime.
One of the most important concepts to understand about sentencing is what “concurrently” means. When sentences run concurrently, it means they are served at the same time. This is in contrast to consecutive sentences, which are served one after the other.
Understanding what does concurrently mean in sentencing is crucial for defendants, legal professionals, and anyone interested in the legal system. A misunderstanding of sentencing options can unfortunately lead to unjust outcomes.
Concurrent vs. consecutive sentences
When a person is convicted of multiple crimes, the judge has to decide whether the sentences for each crime will run concurrently or consecutively.
What are concurrent sentences?
A concurrent sentence means that the sentences for each of the crimes will be served at the same time. For example, if someone is convicted of burglary and receives a four-year sentence, and they’re also convicted of theft and receive another four-year sentence, a judge may order those sentences to be served concurrently. In that case, the person would only be incarcerated for four years, the length of the longest sentence.
What are consecutive sentences?
A consecutive sentence means that a person has to serve the sentences for each of their crimes one after the other. So, if someone is convicted of burglary and receives a five-year sentence, and they’re also convicted of theft and receive a three-year sentence, a judge may order those sentences to be served consecutively. In that case, the person would be incarcerated for eight years, the sum of both sentences.
What influences the decision: Concurrent or consecutive?
When a judge has to sentence someone for multiple crimes, they have a lot of latitude when it comes to deciding whether those sentences will run concurrently or consecutively.
Generally, federal law leans toward concurrent sentences unless state laws or the judge decides that consecutive sentences are warranted.
Judges consider a number of factors when deciding whether a sentence should run concurrently or consecutively.
Aggravating factors
Aggravating factors are those elements that make the crime more severe. For example, if the person has a prior criminal record, if they used a deadly weapon, or if they targeted someone who was particularly vulnerable, the judge may decide to order consecutive sentences.
The more severe the crime, the more likely it is that the judge will opt for consecutive sentencing.
Mitigating factors
Mitigating factors, on the other hand, are those elements that make the crime seem less severe. A lack of prior criminal history, a show of genuine remorse, and the defendant’s age might be considered mitigating factors.
An attorney might argue that mitigating factors warrant concurrent sentences. A good argument emphasizing these factors might persuade a judge to impose concurrent sentences instead of consecutive ones.
State-Specific Laws and Guidelines
It’s important to remember that sentencing guidelines and laws are different in every state. Some states require that prison sentences run consecutively for certain crimes.
Here are some examples of how states handle this:
- In Illinois, judges must order consecutive sentences for certain violent crimes.
- In Wisconsin, judges have more leeway to decide whether sentences should run concurrently or consecutively.
- In Missouri, state law requires consecutive sentences for crimes like rape, sodomy, and armed criminal action.
Because laws vary so much from state to state, you should always consult with a qualified legal expert.
The Role of a Criminal Defense Attorney
When it comes to sentencing, having the right legal representation can make all the difference. A skilled criminal defense attorney can significantly improve your chances of a favorable outcome.
One crucial way an attorney can help is by advocating for concurrent sentences. They can present mitigating factors, build strong legal arguments, and persuade the judge that concurrent sentences are appropriate in your case.
A powerful tool in this process is a sentencing memorandum. This document allows your attorney to clearly and concisely argue for leniency and concurrent sentences, using evidence, your personal history, pre-sentence investigation (PSI) reports, and relevant laws.
Frequently Asked Questions
When can sentences run concurrently?
Sentences can run concurrently in a few different situations, all depending on the judge’s discretion and the laws of the jurisdiction. Generally, it’s considered when multiple charges arise from a single incident or a series of closely related events. For example, if someone robs a bank and in the process assaults a security guard, the sentences for robbery and assault might run concurrently.
Can the judge decide if the sentences are concurrent?
Yes, the judge has considerable discretion in deciding whether sentences run concurrently or consecutively. They’ll consider factors like the severity of the crimes, the defendant’s criminal history, and any mitigating or aggravating circumstances. The judge may also be influenced by plea agreements negotiated between the prosecution and the defense.
Are there cases when consecutive sentences are mandatory?
Yes, in many jurisdictions, certain crimes trigger mandatory consecutive sentencing. This often applies to violent offenses, crimes involving firearms, or repeat offenses. The specific laws vary widely, so it’s crucial to consult with a legal professional for accurate information in a particular jurisdiction.
Does concurrent sentencing mean less time in prison?
Potentially, yes. If sentences run concurrently, the defendant serves all the sentences at the same time. So, if someone receives a 10-year sentence for one crime and a 5-year sentence for another, and they run concurrently, the total time served would be approximately 10 years. However, parole eligibility and other factors can still affect the actual time served.
Summary
Whether your sentences run concurrently or consecutively makes a huge difference in the total amount of time you’ll spend incarcerated. The difference can affect your future opportunities, as well.
Understanding the sentencing options that are on the table in your case is critical. Defendants should always seek legal representation to make sure their best interests are protected.
Navigating complex sentencing issues is hard, but a qualified attorney can provide guidance and advocate on your behalf.