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Consecutive vs. Concurrent Sentences
(Examples and Definition)

A consecutive sentence is one which does not begin to run until the expiration of a prior sentence, whereas concurrent sentences are served simultaneously. Therefore, consecutive sentences follow one another and add (as opposed to combine) to the duration of one’s sentence.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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Imagine a defendant convicted of both drug possession and distribution. The judge faces a choice: should the defendant serve 5 years for each crime one after the other (consecutive), totaling 10 years, or at the same time (concurrent), for just 5 years? This decision can drastically impact the length of their sentence.

A consecutive sentence means serving each sentence one after the other, adding up the total time. A concurrent sentence means serving the sentences simultaneously, so the total time is shorter. The choice can make a significant difference in a defendant's future.

Consecutive vs. Concurrent Sentences: Real-World Scenarios

The impact of consecutive vs. concurrent sentencing can dramatically change the length of a defendant's time behind bars.

Whether a sentence is served one after another (consecutive) or at the same time (concurrent) plays a critical role in the overall punishment.

Below are some real-world scenarios to illustrate how judges’ decisions can shape the total duration of a sentence.

  1. Multiple Related Drug Crimes
    A defendant is convicted of drug possession (3 years) and distribution (5 years).

    • Consecutive: 8 years total
    • Concurrent: 5 years total

    Example: United States v. Johnson (2022) - Defendant received concurrent sentences for possession and distribution, serving 5 years.

  2. White Collar Crime
    Conviction for fraud (4 years) and money laundering (3 years).

    • Consecutive: 7 years total
    • Concurrent: 4 years total

    Example: Jay Jones (2004) received a 5-year concurrent sentence for conspiracy to defraud investors, despite owing $1 billion in restitution.

  3. Violent Crime
    Armed robbery (10 years) and illegal firearm possession (5 years).

    • Consecutive: 15 years total
    • Concurrent: 10 years total

    Example: In a bank robbery case, a judge ordered concurrent sentences: 3 years for armed robbery and 5 years for firearm possession, resulting in a 5-year total sentence.

These real-world examples show how the way a judge decides to sentence—whether consecutively or concurrently—can have a big impact on the total time a person spends in prison and, ultimately, on their future.

How Do Judges Decide Between Consecutive and Concurrent Sentencing?

Under federal law, sentences are typically imposed concurrently. However, this can be changed if certain factors come into play. Ultimately, the decision of whether to sentence a defendant consecutively or concurrently comes down to the judge.

Judges follow certain guidelines regarding how they decide these matters. Their decision may be influenced by whether the defendant committed multiple, separate crimes.

Factors That Influence Sentencing

When determining whether to impose consecutive or concurrent sentences, judges consider various aggravating and mitigating factors:

Aggravating Factors (May Lead to Consecutive Sentences)

  • Nature and severity of the offense
  • Use of violence or weapons
  • Significant harm to victims
  • Defendant's criminal history
  • Lack of remorse
  • Crimes committed while on bail or probation

Mitigating Factors (May Lead to Concurrent Sentences)

  • First-time offender status
  • Cooperation with authorities
  • Mental illness or disability
  • Potential for rehabilitation
  • Acceptance of responsibility
  • Minor role in the offense
  • Age (youth or elderly)

Judges weigh these factors to determine the most appropriate sentence. For example, a first-time offender who cooperates with authorities and shows strong rehabilitation potential may be more likely to receive concurrent sentences.

Conversely, a repeat offender who committed violent crimes may face consecutive sentences. The court also considers the overall goals of sentencing, including public safety, deterrence, and rehabilitatio,n when deciding between consecutive and concurrent sentences.

Is Consecutive or Concurrent Better?

If a judge orders a defendant to serve a concurrent sentence for multiple criminal charges, he or she will spend less time in prison. Alternatively, a consecutive sentence is seen as the harshest type of sentencing, requiring you to spend the total time for all your charges in prison.

What Is an Example of a Concurrent Sentence?

For related crimes (i.e. burglary and aggravated assault) that take place within the same event, a judge could impose a 10-year sentence and a 5-year sentence, but allow the confinement to be served concurrently. So instead of 15 years, the defendant would serve 10.

Why Do Judges Give Concurrent Sentences?

Judges impose concurrent sentences when the defendant is to serve multiple sentences, often for related crimes or crimes that took place at the same time.

They will do this based on numerous factors, including:

  1. The nature of the crime
  2. History of the defendant
  3. Testimony from witnesses or lawyers
  4. State laws regarding maximum and minimum sentences
  5. The presence or absence of remorse on the defendant's part

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Appeals Process for Consecutive vs. Concurrent Sentences

While the right to appeal is not constitutionally guaranteed, most states allow defendants to appeal their sentences, including consecutive or concurrent sentencing decisions.

The appeals process typically involves the following grounds:

Abuse of Discretion

Appellate courts may review whether the trial judge abused their discretion in imposing consecutive sentences. This could involve:

  • Failing to consider relevant mitigating factors
  • Imposing an excessive sentence disproportionate to the crime

Constitutional Violations

Appeals may be based on violations of constitutional rights, such as:

  • Eighth Amendment protection against cruel and unusual punishment
  • Fifth Amendment due process violations
  • Procedural Errors

Defendants may appeal based on procedural mistakes during sentencing, including:

  • Improper application of sentencing guidelines
  • Failure to explain reasons for consecutive sentences

To succeed on appeal, defendants must typically show that the alleged error affected the outcome of their sentencing.

Appeals courts often give significant deference to trial judges' sentencing decisions, making successful appeals challenging but possible in cases of clear error or abuse of discretion.

Defense Strategy for Concurrent Sentences

When a defendant is facing multiple charges, the defense strategy can focus on securing concurrent sentences rather than consecutive ones, significantly reducing the time they would spend incarcerated. Below are key strategies and considerations for advocating for concurrent sentences:

When to Argue for Concurrent Sentences

  • Multiple offenses from a single event: When the crimes occurred together, it may be appropriate for the sentences to run concurrently.
  • First-time offender status: A defendant with no prior criminal history may have a stronger case for concurrent sentences.
  • Similar nature or severity of the crimes: If the offenses are related in severity or type, concurrent sentences may be argued.
  • Rehabilitation potential: Showing that the defendant has a strong chance of rehabilitation can support a plea for concurrent sentencing.

Presenting Mitigating Factors

  • Lack of prior criminal record: A clean history can be a powerful argument for leniency.
  • Minor role in the offense: If the defendant played a lesser role, this can be presented as a reason for concurrent sentencing.
  • Genuine remorse: Demonstrating sincere regret and a willingness to make amends can help reduce sentence duration.
  • Potential for rehabilitation: Evidence of the defendant's efforts or plans to improve can influence the court's decision.
  • Context of the offense: Providing a full understanding of the circumstances that led to the crime may make the case for a reduced sentence.

Negotiation Strategies with Prosecutors

  • Offer cooperation: Cooperating with the prosecution or offering valuable information may result in a recommendation for concurrent sentencing.
  • Propose alternative sentences: Suggesting options focused on rehabilitation, such as community service or counseling, can be persuasive.
  • Highlight inconsistencies or errors: Any discrepancies in the evidence or procedural mistakes can weaken the prosecution's case and support a plea for concurrent sentences.

Plea Bargaining Considerations

  • Strength of the prosecution's case: Analyzing the evidence and the likelihood of a conviction can influence the strategy.
  • Comparing plea vs. trial outcomes: Weighing the potential sentence from a plea bargain versus a trial conviction is essential in plea negotiations.
  • Impact on total time served: Assessing how concurrent vs. consecutive sentences will affect the defendant's overall sentence is key in decision-making.
  • Statutory requirements: Ensuring the plea deal aligns with legal requirements prevents complications down the line.

Defense attorneys use these strategies to minimize their client's time behind bars while still addressing the court's need for justice and public safety. By presenting a strong case for concurrent sentences, attorneys can help clients achieve a more favorable outcome.

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FAQs

1. How Does a Judge Decide Whether to Impose Consecutive or Concurrent Sentences?

A Judge considers factors such as the nature of the crimes, the defendant's criminal history, and the impact on victims when deciding whether to impose consecutive or concurrent sentences.

2. Can Consecutive Sentences Result in a Longer Prison Term Than Concurrent Sentences?

Yes, consecutive sentences can significantly result in a longer prison term than concurrent sentences, where the longest sentence generally dictates the total time served.

3. Can a Defendant Appeal the Decision to Impose Consecutive Sentences?

Yes, a defendant can appeal the decision to impose consecutive sentences if they believe the judge abused their discretion or if there were legal errors in the sentencing process.

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