When a criminal is convicted of a crime, the state of California gives a sentence to them. The sentence is the details of their punishment. If a criminal committed multiple crimes at the same sentence, the state has a choice to make.
They can make the criminal serve their sentences for the different crimes consecutively or concurrently. The choice will change how your sentence unfolds. The better option for criminals is to serve sentences concurrently.
Working with a Los Angeles criminal defense lawyer from Simmrin Law Group can improve your chances of serving your sentences concurrently. Here’s what you need to know about consecutive vs. concurrent sentences in California.
What Is Consecutive Sentencing?
In California criminal law, consecutive sentencing means that the judge decides that the sentences for each crime should be served one after the other. Your total sentence is the sum of all the individual sentences.
For instance, if you were sentenced for one crime for five years and another for three years, you would serve eight years under consecutive sentencing. Consecutive sentencing could put you in jail or prison for a much longer time compared to concurrent sentencing.
Judges have discretion on whether to force consecutive sentences. However, for some crimes, California law may tie their hands. Certain enhancements, like committing a crime with a firearm, can also force consecutive sentencing.
For a free legal consultation, call (310) 896-2723
What Is Concurrent Sentencing?
Concurrent sentencing refers to a situation where a defendant has been convicted of multiple offenses, and the judge decides that the sentences for each of these offenses can be served at the same time, rather than one after the other.
This means that the defendant serves all the sentences simultaneously, with the longest sentence determining the total length of time the defendant will spend in incarceration. This can have a major impact on the defendant’s life.
In the earlier example where someone was sentenced to five years and three years, they would only have to serve five years under concurrent sentencing. Concurrent sentencing is the default type of sentencing if a judge does not give you consecutive sentences.
What Factors Help a Judge Decide Between Consecutive and Concurrent Sentencing?
California Penal Code Section 669 has statutes on consecutive and concurrent sentencing guidelines. Here are some of the factors a judge might consider to decide whether to use consecutive and concurrent sentencing in California:
- The crimes committed and whether California law forces a consecutive sentencing.
- Whether the crimes arose from the same set of criminal actions.
- The impact of the crime on the victim or victims.
- Your criminal history.
- Whether the intent behind each crime was similar.
- The location and time of the individual crimes.
Concurrent sentencing is often used in cases where the judge believes that serving sentences simultaneously still meets the goals of justice and rehabilitation. It acknowledges the interconnected nature of some criminal acts without imposing additional punishment.
Consecutive sentencing is used when the court or the law finds that the nature of the offense or the defendant’s history justifies a longer period of incarceration to reflect the severity of the criminal behavior or to protect the community.
How Sentencing Affects Probation and Parole
Judges have a fair amount of discretion on the length of probation and parole, but part of their decision-making process is the longest sentence a defendant has to serve. This will depend on the nature of the crime.
Some crimes have fixed sentences and some have a range of years. You may have to serve some or all of that time before you’re eligible for probation or parole. The shorter your sentence is, the less time you’ll have to spend before you become eligible.
Concurrent sentencing will lower the time you have to be incarcerated, which will also speed up how soon you could get out to serve probation or parole. It is in your best interest to work with a lawyer to try to get concurrent sentencing instead of consecutive sentencing, if possible.
Complete a Free Case Evaluation form now
The Role of a Criminal Defense Lawyer in Securing Concurrent Sentences
When facing multiple charges, the type of sentence imposed—consecutive or concurrent—can significantly affect the duration of time a defendant spends incarcerated. Here’s how working with a criminal defense lawyer can help tilt the balance toward receiving a concurrent sentence:
Strategic Case Presentation
Lawyers can craft a case presentation that highlights factors favorable to concurrent sentencing. This includes demonstrating that the offenses were interconnected, arose from a single incident, or involved similar intents—factors that judges consider when determining the nature of the sentence.
Plea Bargaining
In many cases, the decision between consecutive and concurrent sentences can be part of plea negotiations. Defense attorneys often negotiate with prosecutors to reach a plea agreement with concurrent sentencing in exchange for a guilty plea to certain charges.
Advocating at Sentencing
During the sentencing phase, a criminal defense lawyer can effectively advocate for concurrent sentencing by presenting comprehensive arguments focused on the defendant’s background, the circumstances of the crime, and the potential for rehabilitation.
Highlighting Mitigating Circumstances
An attorney from Simmrin Law Group can bring to light mitigating factors such as the defendant’s lack of prior criminal history, the role of duress or coercion in the commission of the crime, or any efforts the defendant has made towards rehabilitation.
Conclusion
Now that you know the differences between consecutive and concurrent sentences in California, it’s time to work with a criminal defense lawyer to help you secure a concurrent sentence. Speak with Simmrin Law Group today for a free consultation about your situation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form