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Concurrent sentences allow a defendant to serve multiple prison sentences at the same time, while consecutive sentences require serving each sentence one after the other. Judges may have discretion in deciding which type of sentence to issue based on factors such as the defendant’s criminal record and cooperation during the hearing process.
In criminal law, a defendant is sometimes found guilty of two or more separate offenses during a trial. In some cases, a judge allows the defendant to serve a prison sentence for all of these offenses at the same time. This phenomenon is known as the concurrent sentence.
For example, suppose John Doe is tried and convicted of attempting to rob a convenience store. Suppose he is also found guilty of assault because he punched the store clerk during the attempted robbery. The judge can sentence him to three years in prison for the attempted robbery and two years for the assault. If the judge allowed John to serve this prison sentence as a concurrent sentence, he would be serving both sentences concurrently. This means that John would spend a total of three years in prison for both crimes.
Concurrent sentences are distinct from consecutive sentences. Like a concurrent sentence, a consecutive sentence can be issued when a defendant has committed multiple crimes. With a consecutive sentence, however, a defendant serves a sentence for each crime. Once a defendant completes the required amount of time for the first criminal charge, he or she then serves time for the second felony.
Suppose in John Doe’s example above, for example, the judge ordered consecutive sentencing for the attempted robbery and assault convictions. John was due to serve three years for the attempted robbery and then another two years for the assault. In other words, John would have spent a total of five years in prison with a consecutive sentence versus three years in prison with a concurrent sentence.
In some jurisdictions, judges have discretion in deciding whether to issue consecutive and concurrent judgments. In other jurisdictions, statutes specify whether or not a particular offense may be served consecutively or in conjunction with another offense. In cases where a judge has discretion, the judge often weighs a number of factors in determining whether concurrent sentencing is appropriate. For example, the judge may look into the criminal record of the defendant. A first-time offender may be more likely to receive a concurrent sentence than a repeat offender.
A concurrent sentence may also be granted if the defendant has been cooperative during the hearing process. For example, suppose a defendant has been convicted of multiple charges related to illegal drug possession. If the defendant voluntarily enrolls in a drug rehabilitation program prior to sentencing, the judge is more likely to issue a concurrent sentence. The judge may also decide to issue a concurrent sentence if the offenses committed are of a similar nature.
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