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Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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In California, consecutive sentences are prison terms that are served one after the other. Concurrent sentences are prison terms that are served at the same time. Serving consecutive sentences means more time in prison. They are a factor if you are convicted of multiple crimes. California judges have lots of discretion in which type of sentence to impose.
Consecutive prison sentences are served one at a time, and they are often called “stacked sentences.” If you are convicted of multiple criminal offenses, you would serve one sentence before starting on the next.
Serving prison sentences consecutively makes for more time in confinement.
For example: Nate is convicted for felony offenses of driving under the influence (DUI) and drug possession with intent to sell. The judge imposes consecutive terms of 2 years for the DUI and 6 years for the drug charge. Nate would serve the terms back-to-back for a total time of 8 years behind bars.
Concurrent sentences are served at the same time. If you get convicted for multiple crimes, you would serve all of the sentences together.
Serving sentences concurrently means you would spend less time in confinement.
For example: The judge in Nate’s case imposes concurrent sentences instead. Nate would be in prison for the longest term, which would be the 6-year sentence for drug possession.
In many cases, concurrent sentences are the result of a criminal defense lawyer from a reputable law firm securing a favorable plea bargain.
Judges decide whether to impose consecutive or concurrent sentences for your misdemeanor or felony convictions at the sentencing hearing. This hearing follows your guilty plea or the criminal trial in which you were convicted.
California judges are typically given lots of discretion in whether to impose consecutive or concurrent sentences on criminal charges. State law only provides examples of what factors can be used.[1] These factors can be:
However, some criminal convictions carry mandatory consecutive sentences. In these cases, the judge has no discretion and must comply with the applicable sentencing guidelines.
Some aggravating factors that California law allows judges to apply, or that judges have used in past court cases, have included:
These enhancements in your case may lead the judge to impose consecutive sentences.
Some mitigating factors that can lead the judge to impose concurrent sentences are:
These factors can lead the judge to a more lenient determination.
California criminal law forbids judges from using the following facts when deciding which type of sentence to impose:
In California, judges must impose consecutive sentences when there are multiple convictions for violent sex crimes if:
These violent sex crimes are certain types of:
Many would also require sex offender registration. Some are also a strike under California’s three strikes law.
California law provides the possibility for “good time credit.” Inmates who do not receive disciplinary infractions while in prison can have their time in confinement reduced. They can be released from prison well before their sentence has run.[5]
Note that this only reduces your time in confinement. Your term of imprisonment would still continue. However, you would serve it on supervised release, such as parole or probation.
In severe criminal cases, such as those for first-degree murder, you can receive consecutive life sentences. These often seem excessive or illogical. They are meant to reduce the possibility that you get released early by, for example, earning good time credit.
Legal Citations:
[1] California Rules of Court 4.425.
[2] Same.
[3] California Rules of Court 4.426 and California Penal Code section 667.6(d) PC.
[4] California Penal Code 667.6(e) PC
[5] California Penal Code 2933 PC.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.