In criminal law, the terms of sentencing are pivotal in determining how long an individual spends behind bars. Understanding the distinction between consecutive and concurrent sentences is crucial for anyone navigating the criminal justice system. This blog aims to clarify these terms and the factors influencing a judge's decision in imposing these sentences.

Consecutive Sentences Explained

Consecutive sentences, also known as cumulative sentences, are when a person serves one sentence right after another. Each sentence is "stacked" on top of the previous one, extending the total time spent in incarceration. For instance, if someone is convicted of two separate offenses, each warranting a five-year sentence, under consecutive sentencing, they would serve a total of ten years — one five-year term followed by another.

Concurrent Sentences Defined

Concurrent sentences, in contrast, are served simultaneously. If an individual is sentenced for multiple crimes, they serve all the sentences at the same time, with the longest term essentially defining the total time served. Using the same example as before, if the person receives two five-year sentences but is awarded concurrent sentences, they will serve both five-year terms at the same time, leading to a total of five years in prison.

Factors Influencing the Judge's Decision

During a sentencing hearing, a judge decides whether to impose consecutive or concurrent sentences based on several factors. These include the nature and circumstances of the offense, the defendant's history and characteristics, and the need to protect the public, among others. Aggravating circumstances, such as a history of violence or the vulnerability of the victims, may sway a judge towards consecutive sentences. Conversely, mitigating factors like the defendant's age, mental or physical disabilities, or a minor role in the crime might incline the judge towards concurrent sentences.

Rights During Sentencing Hearing

Defendants retain specific rights during the sentencing process, including the right to be present, to be represented by an attorney, and to present evidence on their behalf. They can also propose alternative sentences, aiming for a more rehabilitative rather than punitive outcome. However, it's important to note that the right to confront or cross-examine witnesses typically does not extend to the sentencing phase.

California's Stance on Sentencing

In California, the law recognizes both consecutive and concurrent sentences. The state's Rules of Court dictate that a judge should consider various factors when determining the sentence type. These factors include the crimes' relation to each other, the violence involved, the defendant's criminal history, and whether the current crime was committed while on probation, among others. Additionally, the state allows for "good time credit" for well-behaved inmates, potentially reducing the overall incarceration time.

The Role of Law Office of Michael L. Fell in Sentencing Hearings

Facing the prospect of a sentencing hearing can be daunting. Whether dealing with charges that may lead to consecutive or concurrent sentences, having knowledgeable legal representation is vital. Law Office of Michael L. Fell can provide the guidance and advocacy needed to navigate the complexities of the criminal justice system. From understanding the specifics of your case to representing your interests during the hearing, Law Office of Michael L. Fell is committed to ensuring your rights are protected. For more information or to schedule a consultation, contact (949) 585-9055.