A few years after the Supreme Court`s decision in Oregon v. Ice, Congress passed 18 U.S. Code § 3584, which gives judges discretion to decide whether judgments are consecutive 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. A simultaneous sentence is when you have to serve several sentences at the same time. 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. A successive penalty plan is when a court imposes two or more jail sentences and you serve one sentence immediately after the other. If the judge imposes consecutive prison sentences, the defendant serves six years in prison for burglary.
As soon as the accused has served this prison sentence, he must immediately serve the eight years for theft. The total penalty of imprisonment is 14 years. If you receive a concurrent sentence, you only have to serve a maximum of eight years in prison (less the credits you receive), as both sentences are served simultaneously. This means that you will serve both offences at the same time and will be released from prison at the end of the longer sentence. Consecutive and concurrent sentences are two types of sentences that a judge can impose in the criminal justice system. [1] Both are also used when an accused has been convicted of multiple crimes and a judge imposes two or more prison sentences. Sentences that you can serve at the same time. For example, if you have prison sentences of 10 years and 5 years, you must serve a total of 10 years. (Compare with consecutive sentences.) In these cases, you will receive a conditional sentence instead of serving a jail sentence or jail time if you have successfully completed the conditions of your probation. If you do not comply with your conditional sentence, you may be sentenced to a long prison sentence or a prison sentence. Based on the factors listed above, the court will compare your situation with the typical circumstances of others who have committed the same crime.
When determining your probation, the court will place great importance on your criminal record, if any. Judges are less likely to give you probation if you have shown criminal behaviour. A consecutive sentence is the opposite of a simultaneous sentence. This means that each of your sentences must be served individually. In most cases, this means serving a sentence and then immediately starting to serve the sentence for the other crimes for which you have been convicted. Consecutive sentences are sometimes called « stacked sentences » because one term is stacked on top of another. If your sentences are at the same time, it means that you will serve them at the same time. In most crimes, there are three terms a judge can choose: a shorter time limit, an average time and a shorter time limit. Under Section 1170(a) of the California Penal Code, a court will likely sentence you to a maximum prison term if the crime you commit is more violent, brutal, dangerous, or offensive than the typical crime. Conversely, if the circumstances make the crime less brutal or offensive than usual, or if other circumstances indicate that the crime was very atypical for you, the court may consider a lighter sentence or probation. 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. The result is that the accused spends a total of eight years in prison. In the case of successive sentences, the accused serves one custodial sentence immediately after the other. [2] The court may also consider additional factors in determining the circumstances of aggravation or mitigation in your case (California Court Rules, Rules 4.421 and 4.423). If you are sent to jail for 2 or more crimes, you will usually receive a sentence for each crime. The judge or magistrate will tell you whether your sentences will be served simultaneously or consecutively. The courts will also consider other legal factors in determining your sentence, including aggravating and mitigating factors for your particular offence. In addition, in some situations, the courts may have more limited discretion in determining your sentence, such as in cases involving certain acts of violence. 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. If the court decides to impose a concurrent or consecutive sentence, your defence lawyer can help you by filing a statement of mitigation. This statement is prepared by your defense attorney after your probation officer has submitted a report to the court and sent it to both the defense attorney and the prosecutor`s office. The probation officer must submit this report at least nine days before your sentence is imposed (PC 1203). 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. If you are charged with a crime in California, it is important that you understand these criminal rules. What are the requirements for probation? What does « concurrent sentence » mean? Will you face a simultaneous or consecutive penalty? Some statutes give judges the discretion to impose concurrent or consecutive sentences. Section 2933(b) of the California Penal Code states that you may receive a reduction in your sentence for every six months of continuous incarceration that you have engaged in good conduct or have met certain rehabilitation requirements.
In some cases, you may be able to get enough credit to serve only half of your sentence. Whether you have to serve 50% of your sentence or a higher percentage depends on the specific crime you were convicted of. Under California Court Rule 4.425(a), a criminal court determines what type of sentence should be imposed after considering certain factors. Some of them are whether: with 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] Any concurrent sentence you may have to serve will be reduced by any credits you receive while incarcerated. This means that you may not have to serve the full concurrent sentence if you get good time credit. How do competing phrases work? Well, let`s say you`re convicted of two crimes committed in the same incident. They are sentenced to eight years in prison for each of these crimes. Does that mean you have to serve a 16-year sentence? If you are convicted of a crime in California, there are several ways to get convicted.
You may be on probation as part of your sentence. You could also face a jail sentence, and depending on several factors, you could face a concurrent or consecutive sentence. If you are convicted of a crime in California, there are several ways to get convicted. You may be on probation as part of your sentence. You could also face a jail sentence, and depending on several factors, you could face a concurrent or consecutive sentence. A judge decides how to sentence an accused in sentencing. On the question of a consecutive or concurrent sentence, a judge decides which one to impose after considering the following factors: California`s criminal laws recognize and authorize consecutive and concurrent sentences.
