Understanding Concurrent vs. Consecutive Sentences

If you’ve been charged with multiple criminal offenses that carry jail time, it’s crucial to understand the difference between concurrent vs. consecutive sentences. This vital distinction impacts the total amount of time you could potentially spend incarcerated. While all jail sentences are concurrent in Georgia by default, unless the relevant criminal statute specifies otherwise, courts also have wide discretion in determining whether to issue consecutive or concurrent sentences. In such cases, it’s essential to have a knowledgeable criminal defense attorney by your side who can develop a strategy to protect your rights and fight for the best possible outcome in your case.

Key Takeaways

• If you’ve been charged with multiple criminal offenses that carry jail time, you may face either consecutive or concurrent sentences.
• While concurrent sentences are served at the same time, consecutive sentences are served one after the other, which can substantially increase the total amount of jail time.
• Concurrent sentences are the default in Georgia, unless a statute specifies otherwise or a judge orders consecutive sentences at their discretion.

What is a Multiple Count Case?

The concept of concurrent vs. consecutive sentences begins with understanding what constitutes multiple counts in a criminal case. A multiple count case involves several criminal acts, each with its own separate “count.” In other words, each count is a separate criminal offense.

The structure of sentencing depends upon whether the charges arise from a single episode or separate incidents. In the event the court determines they constitute separate acts, a defendant could face consecutive sentences for each count, which would increase the amount of jail time.

What is the Difference Between Concurrent vs. Consecutive Sentences?

Concurrent sentences are the default under Georgia law for those who have been convicted of more than one criminal count, unless a statute or the court dictates a different arrangement. These types of sentences are those that are served simultaneously. In other words, the jail sentences for the multiple convictions would run alongside each other and begin at the same time. The defendant would be released at the conclusion of the longest sentencing term.

When are Consecutive Sentences Ordered?

In contrast with concurrent sentences, consecutive sentences are those that are “stacked.” These sentences are served one after another, rather than simultaneously. The next sentence begins when the other ends. Since they are served separately for each individual count, these types of sentences substantially increase the total amount of jail time.

While judges have broad discretion, consecutive sentences are routinely ordered in Georgia in the following situations:

• Specific offenses involving firearms
• A new crime committed while the defendant is on parole
• A new crime committed while the defendant is on probation
• A defendant has prior felony convictions and was convicted of a new felony
• A defendant is a violent repeat offender

As an example, if a defendant is convicted of three counts, each with a five year sentence, a concurrent sentence would mean they serve a total of five years in jail. If the sentences are consecutive, they would serve a total of 15 years in jail. Since concurrent sentences are typically lighter than consecutive sentences and result in less jail time, they are often a defense attorney’s objective during the sentencing phase of a criminal trial.

How Do Multiple Counts Impact Bail?

A multiple count case can impact the total bail, often resulting in a significant sum of money. Judges typically set bail for each separate criminal charge, rather than one amount for all charges. In determining an appropriate bail amount, judges look at a wide range of factors, including the nature of each offense, the defendant’s prior criminal record, whether the defendant is a flight risk, and any safety threat the defendant may pose to the public.

How Can a Criminal Defense Attorney Help Manage the Impact of Concurrent vs. Consecutive Sentences?

A skilled Georgia criminal defense attorney can help manage the impact of concurrent vs. consecutive sentences in a criminal case in several ways. For instance, they may negotiate a plea bargain with the prosecution to recommend concurrent sentences. They may also emphasize mitigating factors at sentencing in order to persuade the judge not to impose consecutive sentences. In some cases, an attorney may be able to argue that the charges arose from a single act, rather than separate acts, making them eligible for concurrent sentencing.

While every case is unique, it’s best to discuss your specific situation with a criminal defense attorney who can advise you regarding the facts of your case. An experienced attorney will understand the nuances of Georgia’s sentencing laws and know how to structure your defense strategy to achieve the best possible outcome.

Contact an Experienced Georgia Criminal Defense Attorney

If you have been charged with multiple counts and are wondering about the implications of concurrent vs. consecutive sentences, a criminal defense attorney can help to mount a solid defense. At The McCoy Law Firm, LLC, our attorneys have decades of experience providing dedicated representation to defendants facing a wide range of criminal offenses across Georgia. Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Please contact us today to schedule a consultation to learn how we can help.