What is the difference between concurrent and consecutive sentences?

Concurrent vs. Consecutive Sentences

If you are convicted of multiple crimes, the judge must decide whether your sentences will run concurrently or consecutively. This makes a huge difference in how much total time you end up serving.

Understanding the distinction between concurrent and consecutive sentences is key to knowing what to expect at sentencing. This article explains the difference and how judges make the call.

What are Concurrent Sentences?

If sentences run concurrently, they are served at the same time. For example, say you are convicted of two crimes that each carry a 5-year sentence. If the judge makes them concurrent, your total time served would be 5 years.

In concurrent sentencing, the sentences overlap rather than adding end-to-end. You serve the longest single sentence imposed, with the others running alongside. Think of concurrent as “at the same time.”

What are Consecutive Sentences?

If sentences run consecutively, they are served back-to-back. Using the same example above, consecutive 5-year sentences would total 10 years served. You serve the full term of the first sentence, then the next sentence starts.

Consecutive essentially means “one after the other.” The sentences get stacked up rather than overlapping. This adds substantially more time behind bars compared to concurrent sentences.

When are Concurrent Sentences Used?

Judges often order concurrent sentences when:

• Multiple charges stem from a single event or incident.
• The offenses are considered lesser included charges.
• The defendant has no prior criminal record.
• The judge determines the total punishment would be disproportionately long if consecutive.

Concurrent sentencing avoids excessive punishment when multiple charges over-represent the defendant’s criminality or danger to society.

When are Consecutive Sentences Used?

Common situations when consecutive sentences may be imposed include:

• The crimes harmed multiple victims.
• The offenses occurred on different dates or locations.
• The defendant has an extensive criminal history.
• The judge wants to send a strong deterrent message.
• Statutes mandate consecutive terms for certain crimes.

Consecutive sentencing is seen as appropriate when the nature of the crimes call for extra punishment.

Does the Judge Have Discretion?

In most cases, the judge has discretion whether to impose concurrent or consecutive sentences. But there are some exceptions:

• Statutes may require consecutive sentences for certain offenses like firearms violations.
• Sentencing guidelines may recommend or presume consecutive terms for serious crimes.
• Plea agreements may stipulate a specific consecutive or concurrent sentence.

So while judges typically have leeway, their hands may be tied in some cases based on the law or plea bargains.

What Factors do Judges Consider?

When deciding between concurrent vs. consecutive, judges weigh factors like:

• The circumstances and severity of the crimes
• Whether crimes were interrelated or isolated incidents
• The impact on victims – single or multiple harms
• Acceptance of responsibility and remorse by the defendant
• Prior criminal history or lack thereof
• Age and vulnerability of victims
• Sentencing guidelines and statute recommendations

The judge studies these factors to determine if concurrent or consecutive sentences are more appropriate for the situation.

Can the Decision be Appealed?

Like most sentencing decisions, imposing consecutive or concurrent terms is within the judge’s discretion. So it can be difficult to appeal or challenge the decision.

Grounds for appealing might include:

• The sentence exceeds statutory maximums.
• The judge failed to properly weigh sentencing factors.
• The sentence violates the Eighth Amendment prohibition on cruel and unusual punishment.

But appeals courts are hesitant to overturn within-guidelines consecutive sentences unless abuses of discretion are clear.

How to Advocate for Concurrent Sentences

If facing multiple charges, the defense will likely argue for concurrent sentences. Ways to advocate include:

• Highlight mitigating factors about the crimes or offender.
• Note if offenses arose from the same events.
• Emphasize positive steps like rehabilitation and restitution.
• Argue consecutive sentences would be disproportionately harsh.
• Distinguish from egregious cases that warranted consecutive terms.

The judge may still opt for consecutive terms, but thoughtful advocacy can help influence their decision.

The Impact of “Stacked” Sentences

“Stacked sentences” is another term sometimes used for consecutive prison terms. Multiple sentences get stacked up sequentially rather than served together.

Getting sentenced to stacked or consecutive terms can dramatically increase total incarceration. The difference between serving sentences concurrently or consecutively may be years or even decades behind bars.

Don’t Give Up Hope

Facing consecutive sentences can feel devastating and hopeless. But giving up makes rehabilitation and redemption harder. Look for opportunities to better yourself and advocate for parole or commutation when eligible.

With a positive attitude and patience, you can still make the most out of any situation.

References:

[1] Consecutive Sentences – Wex Legal Dictionary

[2] Concurrent and Consecutive Sentences – Lawyers.com

[3] Consecutive vs Concurrent Sentences – Shouse California Law Group

[4] New York Penal Law Section 70.25 – Multiple Sentences of Imprisonment

[5] New York Court Calendar with Attorney Appearances