Understanding Sentence Structures: Impact on Your Future
If you are facing multiple criminal charges in Oklahoma, understanding how sentences are structured can dramatically affect the total time you may spend in jail, prison, or on probation. Courts will decide whether your sentences run concurrently (at the same time) or consecutively (one after the other), and this decision can reshape your entire future. Knowing these terms and their implications is essential for anyone navigating the criminal justice system.
What Does Concurrent vs. Consecutive Sentencing Mean?
- Concurrent Sentences: These sentences run simultaneously. For example, if you receive two five-year sentences to be served concurrently, you will serve a total of five years, not ten. This applies whether you are incarcerated or on probation.
- Consecutive Sentences: Sentences run back-to-back. Using the same example, you would serve one five-year sentence first, then begin serving the second, totaling ten years.
- Staggered Concurrent Sentences: Sometimes sentences partially overlap but do not fully coincide. This is more complex and can arise when new sentences begin while an earlier sentence is still being served.
Understanding how your sentences will run is crucial because it directly affects the length of your punishment and your ability to reintegrate into society.
Summary Answer: What Oklahoma Law Says About Sentence Structures
Under Oklahoma law, the court has discretion to order sentences to run concurrently or consecutively, depending on the circumstances of the case and statutory guidelines. The general rule is that concurrent sentencing is preferred unless the court specifically orders consecutive sentences to reflect the seriousness of multiple offenses or other factors. Okla. Stat. tit. 21, § 61.1.
Procedural Context: How Sentencing Decisions Are Made
After a conviction—whether through a plea agreement or a trial—the judge will hold a sentencing hearing. During this hearing, the judge considers the nature of the offenses, criminal history, victim impact statements, and statutory requirements. The judge then decides if sentences will run concurrently or consecutively. In some cases, the prosecutor may recommend consecutive sentencing, especially for repeat offenders or serious crimes.
It’s important to note that plea agreements can influence this decision. Defendants and their criminal defense attorney can sometimes negotiate whether sentences will run concurrently or consecutively as part of the plea deal.
Common Exceptions and Complicating Factors
- Statutory Mandates: Certain crimes require consecutive sentences by law. For example, certain violent crimes or drug offenses may have mandatory consecutive sentencing provisions.
- Habitual Offender Status: If a defendant is classified as a habitual offender, consecutive sentences are more likely to be imposed to reflect the repeated criminal behavior.
- Probation Violations: Violations can result in consecutive sentences if the court revokes probation and imposes additional penalties.
- Federal vs. State Sentences: When serving both federal and state sentences, the timing and order of sentences may be governed by different rules altogether.
Real-World Example: How Sentence Structure Affects Total Time
Imagine someone convicted of two separate felony charges, each carrying a 5-year sentence. If the judge orders these sentences to run concurrently, the total time served is 5 years. However, if the sentences are consecutive, the total time doubles to 10 years. This difference drastically affects parole eligibility, family relationships, employment prospects, and more.
Because of these high stakes, anyone facing multiple charges should seek advice from an experienced Oklahoma City attorney to fully understand the potential consequences.
Related Legal Topics to Explore
For more information on related issues, you may find helpful resources on Oklahoma felony defense and the differences between plea bargains and trial outcomes. Understanding these topics can give you a clearer picture of your criminal case and sentencing possibilities.
Lawyer’s Advice: What You Should Do Next
If you are charged with multiple crimes, do not guess how your sentences will be structured or how long you might be incarcerated. The sentencing phase is complex, and the difference between concurrent and consecutive sentences can mean years of difference in your life. An experienced Oklahoma attorney can review your charges, explore plea options, and advocate for sentencing that minimizes your time behind bars.
Contact an Oklahoma City Criminal Defense Lawyer Today
If you need legal help, call Wirth Law Office – Oklahoma City at (405) 888-5400. We are ready to guide you through the complexities of criminal sentencing and work to protect your future.
