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A concurrent sentence is one type of sentence that a judge can hand down after a defendant is convicted of more than one criminal offense. A sentence is a ruling which responds to the charges in question and determines the punishment an offender will receive.  A sentence can include a number of different penalties including one or all of the following: incarceration (jail or prison), probation, restitution, community service, and rehabilitation or educational requirements.  A sentence can be handed down in a number of different ways depending on the facts of the case.   

If a person is convicted of multiple crimes, there will be a penalty administered for each crime.  The standard sentencing procedure requires that a convicted criminal serve each sentence consecutively.  This means that they will serve a certain amount of time for one criminal charge.  Once that time is served, the second crime’s punishment will begin, and so on. 

Under some circumstances, a judge will order a special sentence, or one that deviates from this mode of sentencing.  A judge may suspend a sentence, thereby deferring an incarceration penalty so long as the offender fulfills certain obligations.  In these cases, a judge can order the offender to serve the incarceration portion of their sentence without holding a trial if they violate the terms of this suspension.

A judge may also order a concurrent sentence in a criminal case.  When a person has been convicted of more than one criminal offense, a concurrent sentence allows them to serve each period of incarceration simultaneously.  For instance, if a defendant was convicted of one crime for which he was sentenced to five years, and another offense for which he was sentenced to six years, a concurrent sentence would allow him to serve only six years rather than eleven (as required by consecutive sentencing). 

Each state has developed unique guidelines about concurrent sentencing procedure.  In some cases, a concurrent sentence will be granted as expressly defined by the law.  In other situations, the judge will use personal discretion to determine the suitability of a concurrent sentence.  A judge’s compassion and leniency may prompt a concurrent sentence.  When a defendant has been particularly cooperative throughout legal proceedings, has no prior criminal offenses, and other mitigating factors are involved, the judge may consider issuing a concurrent sentence.  A concurrent sentence may also be imposed when the charges are similar in nature or when the defendant entered a plea bargain. 

A concurrent sentence can drastically decrease the length of incarceration time a person serves.  If you or a loved one has been charged or convicted of more than one criminal offense, you may be eligible to receive a concurrent sentence.  To learn more about the ways in which you may be able to receive a concurrent sentence or a reduced sentence, please contact us to speak with a qualified and experienced attorney who can evaluate your case to determine how best to protect and maximize your legal interests.

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