What's the difference between consecutive and concurrent sentencing? Sentencing Examples Say a jury convicts a defendant of two charges.
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Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records. However, there are some crimes that must be served consecutive to any other sentence. One example of this is Aggravated Identity Theft. So, how exactly does a judge arrive at a sentencing designation being either concurrent or consecutive?
The judge will consider all of the factors mentioned above in addition to the previous criminal history of the defendant, as well as how closely related the individual charges are. If the judge is weighing the sentencing options for a repeat offender that was involved in numerous, unrelated, and serious charges, that judge is going to be much more likely to lean towards consecutive sentencing.
If, however, there is a string of related charges that are all being faced by a defendant with zero criminal history, concurrent sentencing is going to stand a higher chance. Are you facing multiple criminal charges and wondering where to turn for legal help?
The offices of Matthew A. When the stakes are high and you need an attorney who knows the law and who can put it to work for you, contact us. Get in touch with us today.
Your email address will not be published. Defendants are often sentenced for more than one charge. Do these sentences "run" back to back, or are they served at the same time? Concurrent and Consecutive Sentences If a defendant is convicted of a number of crimes that carry lengthy prison terms, the difference between consecutive and concurrent sentences can be tremendous. Example 1 Haydn Goseek was convicted of 20 counts of forgery for forging and cashing 20 separate checks.
Example 2 Same case. Double Punishment for a Single Act Sometimes, a sentencing judge can legally give just a single sentence to a defendant who is convicted of separate crimes. Here's how California's law reads: "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision.
Talk to a Lawyer Sentencing might seem straightforward, but it tends to be more complicated than one might assume. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases.
Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records. Should I just plead guilty and avoid a trial? Is the public defender a real lawyer?
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