Concurrent vs. Consecutive Sentencing
If you are sentenced to more than one charge at a jury or bench trial, Michigan allows for both concurrent sentencing and consecutive sentencing, when appropriate.
Concurrent vs. Consecutive Sentencing
Below are definitions and explanations of both consecutive and concurrent sentences:
- Concurrent Sentence – If the accused is found guilty/pleads to more than one charge, the accused will serve the multiple sentences for each charge “at the same time.” No matter how many different counts the accused is charged with, pleas to, and/or is convicted of, ultimately the sentence served for all of the charges will be completed at the same time.
- Consecutive Sentence – If the accused is found guilty/pleads to more than one charge, the accused will be required to finish serving the sentence for one charge “before” the accused serves the sentences on any other charge.
In Michigan, concurrent sentencing is the norm, but a consecutive sentence may be imposed only if specifically authorized by statute.
For example, if the accused is convicted/pleads to a criminal sexual conduct 1st degree charge, it’s possible the defendant serves consecutive sentences to any term of prison sentence imposed for any other criminal offense ‘arising from the same transaction,’ if ordered by the judge.
If there are multiple sexual penetration acts to be considered as part of the ‘same transaction,’ they must be part of a ‘continuous time sequence,’ not merely part of a continuous course of conduct.
Where multiple crimes arise from the same transaction “grow out of a continuous time sequence” in which “the same individual, at the same time, and in the same transaction, commits two or more distinct crimes,” that person may be eligible for consecutive sentences.
HOW TO KNOW IF CONCURRENT OR CONSECUTIVE SENTENCES ARE APPROPRIATE
The difference between consecutive and concurrent sentences can be tremendous. Once the accused is sentenced to consecutive sentences, the accused will be facing many years of their life in prison.
The individual facts and/or charges of each case will assist in determining whether or not the accused can or should be sentenced to consecutive sentences.
BLANK LAW, PC EXAMPLES OF CONCURRENT OR CONSECUTIVE SENTENCE
The accused and the accuser had engaged in multiple penetrations (i.e. oral/vaginal, oral/anal, and penis/vagina) over a period of two years. The accuser was 15 years old and a member of the same household as the accused.
The accused was charged with multiple criminal charges of aggravated criminal sexual assault. If during those two years, the accuser claims that there were multiple penetrations in the SAME night (i.e. ‘same transaction’), then consecutive sentencing will apply.
LET CRIMINAL DEFENSE ATTORNEY NICOLE BLANK BECKER HANDLE YOUR CASE
No one wants to go to prison, let alone for twice or three times the amount of time. If you find yourself being investigated or charged with criminal sexual conduct and/or more than one predatory criminal sexual assault charge, you need a criminal defense lawyer who understands criminal law, the criminal justice system, and knows whether a consecutive or concurrent sentence is appropriate.
Nicole Blank Becker of Blank Law Firm, PC is well versed and up to date on both concurrent sentence and consecutive sentence laws, as well as being up to date on the latest arguments that must be made in order for the accused to avoid spending additional years of his or her life in prison.
Nicole will use her knowledge from over 20 years of experience to fight for you. Additionally, Nicole understands the importance of the attorney–client relationship and aims to build a strong relationship to ensure that you do not feel stigmatized based on your charges.
The last thing you want is to spend anytime in prison or to have something permanent on your criminal record. This is exactly why you need the best sex offender lawyers on your side, that are well–versed in district, circuit, and federal court law. This is exactly why you need Nicole Blank Becker!
Call us at (248) 515–6583 or contact us online today!
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