Concurrent and Consecutive Sentences
In Missouri, sentences may be run consecutively or concurrently. A consecutive sentence in Missouri means that the sentences are stacked on top of each other. For instance, if you were charged with robbery in the first degree and armed criminal action, a judge can sentence you to 15 years for the robbery and 3 years consecutive for the armed criminal action charge for a total of 18 years.
By contrast, in Missouri, concurrent sentences run at the same time as each other. For instance, if you were charged with burglary and stealing, the judge could sentence you to four years on each charge to run concurrently, which means that you would serve a total of four years.
If you or a loved one is facing multiple charges, please do not hesitate to contact our St. Louis criminal defense attorney for a free consultation to discuss how best to defend against potential consecutive sentences.
What Does Concurrent Sentence Mean?
A concurrent sentence allows a defendant to serve multiple sentences at the same time. For example, if someone is convicted of two offenses and sentenced to five years for one and three years for another, they will serve a total of five years instead of eight. This approach is often used when offenses arise from the same event or share closely related circumstances.
In Missouri, judges may impose concurrent sentences as a way to balance justice with practicality. This type of sentencing can also reflect mitigating factors, such as the defendant’s lack of a prior criminal record or cooperation with law enforcement.
Concurrent vs. Consecutive Sentences
While concurrent sentences allow the convicted individual to serve all sentences simultaneously, reducing the total time spent in custody, consecutive sentences require serving one sentence after another, significantly extending incarceration.
Judges determine sentencing structures based on the severity of the crimes, the defendant’s criminal history, and circumstances such as violence or the use of a deadly weapon. For instance, a first-degree burglary involving physical injury or a deadly weapon may be more likely to result in consecutive sentences.
Understanding how concurrent and consecutive sentences work is vital for defendants navigating Missouri’s criminal justice system. An experienced criminal defense attorney can play a critical role in advocating for concurrent sentences.
What Is the Legal Definition of Concurrent and Consecutive Sentences in Missouri?
Black’s law dictionary defines a concurrent sentence as “a term for sentences that run at the same time as other sentences and often occur when a person has committed a number of wrongs.” A consecutive sentence is defined as “Many penal sentences that are served one after another. The total time sentenced is served with no breaks for different criminal charges.” Under Section 558.026 RSMo, “Multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively”.
In Missouri, a sentence may be run consecutively or concurrently with a sentence in another state or a federal sentence. While a judge normally has the discretion to order the sentences to run concurrently or consecutively with each other, there are certain offenses where sentences are required to run consecutively.
Multiple sentences of imprisonment imposed for any offense committed during or at the same time as, or multiple offenses of the following felonies:
- Rape in the first degree, forcible rape, or rape
- Statutory rape in the first-degree
- Sodomy in the first degree, forcible sodomy, or sodomy
- Statutory sodomy in the first-degree
- An attempt to commit any of the offenses listed above
- Armed criminal action
While the statute requires certain offenses to run consecutively, a skilled St. Louis criminal defense attorney can often negotiate a dismissal of mandatory consecutive charges. For instance, our St. Louis criminal defense attorney has successfully negotiated a dismissal of the armed criminal action charge in many assault and robbery cases, thus helping our clients avoid mandatory, lengthy prison sentences.
How Do Judges Decide to Sentence Someone to Concurrent or Consecutive Time in Missouri?
In Missouri, a judge has the discretion to sentence someone to concurrent or consecutive sentences. In deciding whether or not to run sentences consecutively, the judge will consider aggravating and mitigating factors. The judge may request a sentencing assessment report or “SAR” to better understand the facts of the case and the defendant’s history.
Examples of aggravating factors include:
- The seriousness and nature of the offense
- The defendant’s criminal history
- Input from the victim
- Whether the victim was a special victim–such as a child, elderly person, or law enforcement officer
A judge will also consider mitigating factors such as:
- The defendant’s employment history
- Treatment, counseling, and other steps the defendant has taken to deal with the underlying issues that led to the offense
- Letters of recommendation from employers, family members, and others acquainted with the defendant
- The defendant’s conduct while on bond for the offense.
How Much Time Will I Have to Serve on a Consecutive Sentence in Missouri Before Being Eligible for Parole?
According to the Missouri Department of Corrections “Blue Book”, Offenders who have consecutive sentences will be given a hearing based on the hearing schedule for each sentence. The months for each sentence will then be added together to set the hearing date.
For consecutive sentences of 1 (one) year, one (1) month will be used in this calculation. The initial parole hearing will not exceed 156 months unless statutes require specific incarceration terms on any or all of the consecutive sentences”.
For instance, if John received two four-year sentences run consecutively to each other, and those offenses require 15 percent to be served prior to a parole hearing, then John would not be eligible for parole until 30 percent of the 8 years has been served. It is important to note, that many offenses carry statutory minimums and that parole eligibility can be based on many different factors. As such, our St. Louis criminal defense attorney routinely consults with MDOC parole analysts to determine the minimum parole eligibility.
Reach out to The Law Offices of Brian J. Cooke to Discuss Your Options
For defendants facing criminal charges, understanding concurrent sentencing is a key part of navigating the criminal justice system effectively. Working with an experienced criminal defense attorney is crucial to securing concurrent sentences. By building strong legal arguments and presenting compelling evidence, a skilled attorney can advocate for outcomes that minimize the impact on the defendant’s life.
If you or a loved one is facing multiple charges, please do not hesitate to contact our experienced St. Louis criminal defense attorney to discuss your options and explore defense strategies to achieve the best possible outcome.
We have extensive experience negotiating concurrent and consecutive sentences and will fight to minimize the sentence in your case.
