While a judge ultimately decides which of the two sentences to impose, a defendant may be able to obtain one form on another as part of a plea. On the question of a consecutive or concurrent sentence, a judge decides which one to impose after considering the following factors: Suppose a criminal is convicted of two crimes and sentenced to 10 years and 8 years. So you have to stay in prison for 10 years first and then serve the rest of the 8 years. This will be a total of 18 years in prison for both crimes. If the court orders successive sentences, this means that, unlike concurrent sentences, the convicted person must serve the longest sentence ever recorded. In the case of concurrent sentences, several prison sentences are served simultaneously or simultaneously, and the prisoner is released from prison at the end of the longest prison sentence. [3] A few years after the Supreme Court decision Oregon v. Ice, Congress passed 18 U.S. Code § 3584, which gives judges discretion to decide whether sentences are sequential or concurrent. The law also states that the standard rule applies to concurrent judgments, unless state law requires successive judgments or the judge determines that a consecutive sentence would be the best outcome in the case. If a person is convicted of attempting and actually committing a crime, the judge is prevented from imposing a successive sentence on the accused.
For example, a person convicted of attempted murder and murder cannot serve a consecutive sentence. The law also includes a list of factors that judges should consider when deciding on the sentence to be imposed on the accused. The court judgments were ordered at the same time. Note that a judge can impose life sentences, which are two or more life sentences imposed on the same defendant. This sentence may also be ordered if the convicted person committed another crime while serving a prison sentence for a crime. If the convicted person is a repeat offender, they are also likely to receive consecutive sentences and the longest prison sentence. Finally, let`s take a look at some important differences. It is important that an accused have a lawyer at the time of sentencing. A lawyer or law firm will be able to provide legal advice on criminal laws that favor a defendant`s side in sentencing. One of the most common things that many people want to know is what are the main differences between simultaneous and consecutive sentences. If you are here, you are one of those who are looking for answers.
Often, a convicted person is tried for several crimes. Let us assume that the person has committed a theft. He could be charged with causing damage and theft. From all the above information, you can get an idea of these two sentences. However, if you learn how it works, you can know the differences. If you are not able to identify the main differences between these 2 sentences, here are some of the main differences listed below. Some statutes give judges the discretion to impose concurrent or consecutive sentences. In the case of successive sentences, the accused serves one custodial sentence immediately after the other. [2] In contrast, a concurrent punishment plan is to serve all sentences at the same time, with the prisoner released at the end of the longest prison sentence. A concurrent sentence refers to a type of sentence that judges can impose on defendants who have been convicted of more than one crime. Instead of serving each sentence consecutively, a simultaneous sentence allows the defendant to serve all sentences at the same time, whichever is longer. California criminal laws recognize and authorize successive and concurrent sentences.
Successive sentences mean that the convicted person must serve one sentence before serving another. Unlike concurrent sentences, this sentence maximizes the time spent in prison. So if defendants have 2 or more sentences, they must finish the first one before starting the other. When a person is convicted of different crimes and the sentences must be served at the same time. In Oregon v. Ice, the Supreme Court ruled that states can give judges discretion to decide whether a convicted defendant will serve a concurrent or consecutive sentence. In some cases, the judge has no discretion in this matter, as a state law may require a successive conviction. In these circumstances, he/she could be imprisoned for both crimes. Thus, the person could get 2 years and 1 year in prison for both crimes. Now the question arises whether the person will receive the longer sentence for 3 years as a sum or whether the two sentences should be served together, which means 2 years in prison. So let`s learn what simultaneous and consecutive sentences mean.
Now the question remains how the court decides the type of sentence for a criminal. They decide sentences based on many different factors such as aggravating factors, mitigating factors, the seriousness of the crime and others. When a person is convicted of a serious crime such as murder, they usually receive consecutive sentences. Let`s look at the example above again. If a judge has imposed concurrent and non-consecutive sentences, the defendant serves the sentence for both crimes simultaneously. In addition, he will be released after the longest prison sentence, which is eight years.
