A “Consecutive Sentence” is a type of sentencing where an individual convicted of multiple criminal offenses is ordered to serve the sentences for each offense back-to-back, one after the other, rather than concurrently (simultaneously). Consecutive sentencing has significant implications for the duration of a person’s incarceration and is typically determined by the judge during the sentencing phase of a criminal trial.
Verdelski Miller is a seasoned criminal defense lawyer in Evansville, Indiana with over three decades of experience. If you have been charged with a crime in Evansville or surrounding areas, call our office today at 812-425-9170!
Key Features of Consecutive Sentencing
Consecutive sentencing is characterized by several key features.
1. Individual Sentences: Each criminal offense for which a person is convicted results in a separate and distinct sentence.
2. Sequential Service: Instead of serving all sentences simultaneously, the individual serves them sequentially, one after the other.
3. Cumulative Effect: Consecutive sentences accumulate, leading to a longer overall period of incarceration compared to concurrent sentencing.
Reasons for Imposing Consecutive Sentences
Judges may choose to impose consecutive sentences for various reasons, including:
a. Severity of Offenses: When the individual has been convicted of multiple serious crimes, consecutive sentences are seen as a way to reflect the gravity of each offense.
b. Deterrence: Consecutive sentencing can act as a deterrent, discouraging individuals from committing multiple crimes in the future.
c. Protecting Society: Keeping individuals convicted of multiple offenses incarcerated for longer periods can be seen as a means of protecting society from potential harm.
d. Criminal History: The defendant’s prior criminal record and history may influence the judge’s decision to impose consecutive sentences.
Concurrent vs. Consecutive Sentences
By contrast, “Concurrent Sentencing” refers to a situation where a person convicted of multiple offenses serves their sentences simultaneously. In this case, the sentences overlap, and the individual spends the duration of the longest sentence in incarceration.
For example, if an individual is convicted of two crimes and receives sentences of five years for one and three years for the other, concurrent sentencing would mean serving a total of five years because the shorter sentence runs concurrently with the longer one. In contrast, consecutive sentencing would result in serving a total of eight years, with the sentences running consecutively.
Judicial Discretion
It’s essential to note that the decision to impose consecutive or concurrent sentences is generally within the discretion of the presiding judge. Judges weigh various factors, including the nature of the offenses, the defendant’s criminal history, and the circumstances of the case, to make an informed determination.
Appeals and Challenges
Individuals who receive consecutive sentences may have the option to appeal the sentencing decision, especially if they believe that it was unjust or that relevant legal procedures were not followed. Appeals may lead to a reduction in the length of the sentences or a modification of the sentencing structure.
Impact on Incarceration
The imposition of consecutive sentences can significantly impact the duration of an individual’s incarceration. It can result in substantially longer periods of imprisonment compared to concurrent sentencing, potentially affecting a person’s life, rehabilitation prospects, and opportunities for early release.
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In conclusion, a “Consecutive Sentence” is a form of sentencing in criminal law where an individual convicted of multiple offenses serves their sentences one after the other, with each sentence running consecutively. This type of sentencing can result in a longer period of incarceration compared to concurrent sentencing, and it is typically at the discretion of the judge.
The decision to impose consecutive sentences is influenced by various factors, including the nature of the crimes and the defendant’s criminal history. It is an important aspect of the criminal justice system that aims to reflect the severity of offenses, protect society, and deter individuals from engaging in criminal activities.
Verdelski Miller is a seasoned criminal defense lawyer in Evansville, Indiana with over three decades of experience. If you have been charged with a crime in Evansville or surrounding areas, call our office today at 812-425-9170!
