For someone facing multiple criminal charges, understanding the difference between concurrent vs. consecutive sentencing is essential. This distinction is one of the most important factors that will influence how long a person could spend in prison. Understanding how judges determine whether to impose a concurrent or a consecutive sentence can help you make strategic decisions as you navigate the criminal legal system, evaluate the strengths and weaknesses of your case, and decide whether to take your case to trial or accept a plea bargain.
When sentencing someone convicted of multiple counts of criminal conduct, judges can impose a sentence that runs concurrently or consecutively.
Most criminal sentences run concurrently, unless the statute specifically calls for consecutive sentences or the judge believes a concurrent sentence is the best course of action.
When multiple criminal charges apply to the same criminal conduct, such as an individual who is convicted of larceny and the lesser-included offense of attempted larceny, the judge will most likely impose a concurrent sentence. The sentence is imposed for trying to commit a crime and committing the crime.
However, suppose a defendant is convicted of multiple different crimes, such as DUI and drug possession. In that case, the judge may impose one sentence for the DUI charge and a separate sentence for the drug possession charge, and order that the sentences run consecutively.
Using the examples above, suppose the larceny conviction carried a sentence of 20 years and the sentence for attempted larceny was five years. If the sentences run concurrently, the defendant would be released from prison at the end of the 20-year sentence.
In the second example involving charges of DUI and drug possession, suppose the sentence for DUI was one year, and the sentence for drug possession was three years. In this situation, the defendant would serve a total of four years in prison: one for the DUI plus three for the drug possession charge.
The decision to impose a sentence that runs consecutively versus concurrently is not made lightly, and several factors may come into play.
The nature of the crime is a primary consideration in sentencing decisions. Because of their severe impact on victims and communities, violent crimes are more likely to result in consecutive sentences, whereas non-violent crimes may be viewed more leniently and are more likely to result in a concurrent sentence.
The defendant’s criminal history can influence the decision to impose a consecutive vs. a concurrent sentence. Repeat offenders or individuals with a history of similar criminal offenses may receive a consecutive sentence, while first-time offenders who are more likely to benefit from a rehabilitative approach are more likely to receive a concurrent sentence.
While judges are guided by criminal statutes and, in federal cases, the Federal Sentencing Guidelines, they have considerable discretion in sentencing decisions. Judges should consider the unique circumstances of each case, and can tailor the sentence to impose a punishment they believe is just and appropriate and accounts for factors such as the defendant’s sense of remorse, their cooperation with law enforcement, and the potential for rehabilitation.
Ultimately, these factors contribute to the overall length of the sentence. Consecutive sentences tend to involve longer incarceration periods, while concurrent sentences generally result in less time in prison. Whether a sentence will run concurrently or consecutively is an important strategic consideration that experienced legal counsel will evaluate when negotiating plea deals and presenting mitigating circumstances.
Whether a criminal sentence runs concurrently or consecutively can have implications that significantly alter a defendant’s future.
One of the most immediate concerns is parole eligibility. Consecutive sentences extend the time a defendant must serve in prison before becoming eligible for parole.
The criminal sentence imposed can also affect a defendant’s options for appeal. Consecutive sentences generally have more opportunities for appeal due to the cumulative effect of the sentences.
Finally, because consecutive sentences result in longer periods of incarceration, they have a more profound effect on disruptions to family life, career opportunities, and financial stability. Conversely, a concurrent sentence can allow a defendant to reintegrate into society more quickly.
The impact of legal counsel on whether a sentence will run concurrently or consecutively cannot be understated. An experienced attorney who understands the nuances of Connecticut sentencing laws can effectively advocate for their client and present compelling mitigating factors that can influence a judge’s discretion to impose a concurrent sentence rather than a consecutive one.
Stephen Lebedevitch is a skilled and experienced criminal defense attorney who serves individuals charged with crimes in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.
If you are under investigation or were charged with a crime, contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can assist you.
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