Are you facing charges for multiple crimes? You may be wondering what your sentence will look like. If you were charged for assault and battery, DUI, and drug possession, for instance, would you have to serve time for each separate offense, or would the penalties be combined? For example, if a person is convicted of attempted murder and murder, then the judge will most likely give a concurrent sentence because convictions for attempting to commit a crime and committing the crime usually call for a concurrent sentence.
However, a judge may impose a consecutive sentence if a defendant is convicted of multiple different crimes. You may serve, say, one year in county jail for OWI and 3.
Together, you would serve 4. On the other hand, if a defendant is convicted and sentenced to two 5-year sentences and two 8-year sentences, they would serve 8 years in prison under concurrent sentencing.
If they were under consecutive sentencing, however, the defendant would serve 26 years in prison. Wisconsin is one of those states where a judge has discretion in giving a concurrent or consecutive sentence. Some states have guidelines on when to issue consecutive sentences. For instance, Illinois requires a consecutive sentence to be given under the following circumstances:. As you can see, states like Illinois impose the worst-case scenario — consecutive sentences — for defendants who commit the most violent offenses.
Judges know very well that consecutive sentences are harsh, which is why they tend to reserve this type of sentence for the most dangerous offenders. The logic is that these types of offenders deserve a longer sentence and should be away from the public for as long as possible.
Since Wisconsin judges are not subject to strict determinate sentencing guidelines as Illinois judges are, for example, then they have the freedom to decide whether a defendant gets a concurrent or consecutive sentence. What factors will these judges consider when imposing a prison sentence?
It is possible that a Wisconsin judge may take into account the presence of aggravating or mitigating factors. In contrast, mitigating factors decrease the severity and culpability of a crime. Jared Flefington is convicted of vehicular manslaughter after striking and killing the driver of another vehicle. Jared was drunk when the incident happened, and a DUI charge is added to the list.
After reviewing the details of the case and accepting the accused plea of guilty, the judge determines that the jail time for the manslaughter conviction will be served before or after the jail time for the DUI charge, but not at the same time.
Consecutive sentencing almost always results in a longer overall incarceration time period. Whether or not a judge will opt for consecutive sentencing will depend on a host of factors, including aggravating and mitigating factors that all carry weight in how the judge delivers the ruling.
On the other hand, concurrent sentencing refers to multiple sentences that are carried out at the same time. Julie Nastonwhel is convicted of forging numerous checks and using them to buy fancy items at a local strip mall. Over a period of six months, Julie wrote a total of 15 bogus checks, intentionally deceiving retailers and effective stealing from them using forged documents. They can be. A judge can allow sentences to run concurrently almost always better for the defendant in the long run as part of a plea negotiation.
However, there are some crimes that must be served consecutive to any other sentence. Now, imagine a case in which a person is convicted of the same 5 crimes and facing the same sentence of 13 months for each count. Now, instead of being sentenced to 13 months, this offender gets 65 months or 5 years and 5 months of prison. Thus, the calculation now is: For the concurrent scenario, 13 months with reduction equals 9.
In the consecutive scenario, 65 months with reduction equals It is not hard to see why the distinction is so important.
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