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Individuals facing charges for multiple crimes need to understand the difference between concurrent and consecutive sentences. While the judge has the final authority to decide the sentence to impose, understanding how the judge decides between concurrent and consecutive sentences can help you make strategic decisions as you evaluate the strengths and weaknesses of your case and decide whether to accept a plea or take your case to trial.
Whether your sentence runs concurrently or consecutively will dramatically impact the amount of time you may need to spend in prison and your options for seeking early release.
A concurrent sentence means a defendant serves all of their sentences at the same time, or “concurrently.” The defendant will be released at the end of the longest sentencing term.
A consecutive sentence means the defendant serves time for each separate offense, with the sentencing terms stacked on top of one another. Put another way, the defendant must complete the first sentence before beginning the sentence for the next crime.
The judge has the final authority to decide whether to impose a concurrent or a consecutive sentence. Sometimes a statute might specify consecutive sentences. In other cases, the judge may believe imposing consecutive sentences is more appropriate given the nature of the crime.
Judges typically impose concurrent sentences in cases involving third-degree felonies and below. However, in cases involving aggravating circumstances, such as a DUI that causes serious injury, assault crimes, or crimes committed by habitual offenders, a judge may decide to impose consecutive sentences.
Under Utah law, when deciding whether to impose concurrent or consecutive sentences, the judge must consider:
If the offense was committed while the defendant was in prison or on parole, the sentences shall run consecutively, unless the judge determines that consecutive sentencing would be inappropriate.
When a judge imposes consecutive sentences, the aggregate maximum of the sentences imposed may not exceed 30 years of imprisonment, unless the offense for which the defendant was convicted authorizes the death penalty or a maximum sentence of life in prison, or if the defendant was convicted of an additional offense based on conduct that occurred after the original sentence was imposed.
Whether a sentence runs concurrently or consecutively can have a significant impact on the amount of time a defendant spends in prison and their eligibility for early release. The benefits of concurrent sentences are obvious: the punishments for multiple crimes are served at the same time, rather than separately. If a defendant violates the terms of the sentence, the sanctions for multiple offenses are served at the same time, as well. When sentences run consecutively, each crime stands alone; however, a violation of the conditions of one sentence affects all the consecutive sentences. Someone who is serving four consecutive sentences and violates probation on Day 1 violates probation not just for the first sentence, but for the fourth sentence, as well.
Consecutive sentences also extend the amount of time a defendant must spend in prison before they are eligible for early release. Whether a sentence is being served concurrently or consecutively can also affect a defendant’s options for appeal. Consecutive sentences generally have more opportunities for appeal because of the cumulative nature of the sentences. Finally, because consecutive sentences result in longer prison terms, they have a more significant impact on a defendant’s family life, career opportunities, and financial stability. A defendant who receives a concurrent sentence may have an easier time reintegrating into society after release.
The impact of experienced legal counsel on sentencing cannot be overstated. During plea negotiations, counsel can often negotiate whether the sentences will be served concurrently or consecutively. In some circumstances, counsel can negotiate to group “Closely Related Counts” together, which can reduce the total amount of time a defendant will spend in prison. The issue becomes more complicated when a defendant is convicted after a trial or enters a plea without first negotiating with the prosecutor.
The difference between a concurrent sentence and a consecutive sentence can mean the difference between a handful of years versus nearly a lifetime in jail. Our attorneys will aggressively fight to protect your freedom and will work diligently to help you achieve a favorable outcome.
Terry Law is among the best law firms in the state and has decades of experience defending individuals charged with crimes in Utah courts. We provide the time-tested advice, guidance, and advocacy that only an experienced law firm can offer. Contact our law office today to schedule a confidential appointment to discuss your situation and how we can assist you.
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