Concurrent Vs. Consecutive Sentences in Criminal Law

Unfortunately, many criminals are not caught by the police until they have committed several crimes, and often, they commit more than one crime at once. For this reason, the defendant will be tried for all of his offenses at one time, and will receive a penalty for each. Once the defendant has been convicted, the judge has the decision to assign his or her penalties concurrently or consecutively.

For example, let's say that John is on trial for assault, robbery and possession of controlled substances. He is convicted for all three, and during the sentencing hearing, he is given three years incarceration for assault, four years for robbery and one year for possession of controlled substances.

If the judge were to decide that John should serve his sentences concurrently, he would serve each of his penalties at the same time. Since the largest penalty was for robbery, he would serve a total of four years in prison.

However, if the judge were to give consecutive sentences, John would serve a total of eight years in prison: three for assault, four for robbery and one for possession.

Although many legal professionals believe that all convicted criminals should serve their sentences consecutively, others feel that mitigating circumstances should allow for concurrent sentences. In most states, it is up to the judge's sole discretion as to how the defendant's sentences should be served. In others, state law requires concurrent sentences for some offenses and consecutive sentences for others.

One of the main factors used to determine the type of sentencing served is past criminal history. An individual who is committing his or her first offense is more likely to inspire leniency and compassion in the judge and to receive a concurrent sentence. An individual, on the other hand, who has been convicted before (especially of a similar crime) will probably receive a consecutive sentence.

Another factor the judge and the law will consider is the nature of the crimes involves. An individual who is convicted of three similar crimes will most likely serve concurrent sentences. However, if the crimes are unrelated (such as robbery and murder), the judge is more likely to issue an order for consecutive sentences. This is partly because the commission of one crime can lead to several charges.

And finally, the judge will consider mitigating factors. Unfortunately, the law is not black and white and neither are the crimes that are committed. The defense attorney will bring to light an mitigating or extenuating factors that might inspire the judge to be lenient. For example, an eighteen-year-old boy who was raised in an abusive home and assaulted his father may receive a concurrent sentence on the basis that he was provoked his entire life. Although some judges are more inclined to consider these types of mitigating factors than others, concurrent sentences are handed down all the time.