Concurrent vs Consecutive sentencing

Factual Questions
1

Inspired by those “wildest cop videos”:

Let’s say I go on the following crime spree:

Using a stolen handgun, I rob a bank. While there, I’m sure to threaten to kill the teller. I carjack a getaway car and the chase is on. While on the run, I sideswipe a few cars and blow through numerous stop signs and red lights. As I leave the city, I pick up the county AND state police to help with the chase along with the city police. I attempt to run down a cop at a roadblock and smash a couple of police cars in the process. After having my tires shot out, I am finally stopped and arrested, even though I fight the officers the whole time.

In court, it is determined that I am guilty. In fact, I had planned the whole thing way in advance and never had any intention of going down quietly.

Now the sentencing part:

In the above scenario, I have committed numerous crimes, both felony and misdemeanor. When the judge sentences me, will he charge me for EVERY crime I committed? Can he arrange it so that I have to serve the go-to-jail crimes consecutively or will I serve them concurrently? Shouldn’t I have to serve them consecutively or does any kind of “statute of limitations” law come into play?

Seems like serving, say, three 8-10 year sentences at the same time doesn’t seem fair to the public.

What about the “little” crimes of running red lights and stop signs? The last ticket I had for running a red light (about 15 years ago) was $95. It seems unlikely that a slimeball like the person in the scenario would be able to pay ANY fine, much less a whole stack he would accumulate as mentioned.

No, I don’t plan on going nuts. It’s just that those video shows never tell what happened AFTER the boneheads are caught and I was curious.

2

Well, the judge won’t charge you with any crime. That’s up to the State. If you waive your right to a jury trial, the judge will either find you guilty or not guilty of any or all crimes. What his discretion will be on sentencing will be determined by your local jurisdiction.

3

and to answer the question in your thread title

Concurrent sentences mean that you’d serve the time ‘simultaneously’ as in sentence 1 3- 5 years, sentence 2 3 - 10 years, by the time 5 years had passed, you’d only be serving on the second sentence.

Consecutive, OTOH, means you finish one before the other. as in serve the 3 - 5 THEN start in on the 3 -10.

it’s been my experience that consecutive sentences are less frequent, and in the description you had in the OP unlikely (but AFAIK not impossible). I see them more often when some one is already on one sentence then commits a new crime (while locked up for example,) but again, NOT the only time.

4

There’s also the concept of a “lesser-included offense” to consider.

Because of the rule against double jeopardy, small offenses often merge into larger ones for the purpose of sentencing, or even at indictment time, if every element of the lesser crime is also an element of the greater crime.

So you’re not likely to be charged with “brandishing a firearm” – because the armed robbery charge required proof that you committed a robbery while armed with a firearm.

  • Rick
5

I see consecutive sentences both when a second crime is committed prior to the first sentence being finished (a new crime while in prison) and once in a while when there are convictions for completely separate incidents - someone robs a bank Jan 1, and another Jan 10
Doreen