Understanding Concurrent and Consecutive Sentences in Florida
When an individual is convicted of multiple crimes in Florida, the judge has discretion on whether the sentences will run concurrently (at the same time) or consecutively (back-to-back). This decision can have a huge impact on the total amount of time the defendant will spend behind bars. Here’s what you need to know about concurrent and consecutive sentences in the Sunshine State.
Concurrent Sentences
With concurrent sentences, the judge orders the sentences to run at the same time. For example, if a defendant is convicted of robbery and assault from the same criminal episode and sentenced to 5 years for each, the judge can order those sentences to run concurrently. That means the total sentence is 5 years. The sentences are served simultaneously.Concurrent sentences are common when multiple charges stem from the same criminal act or event. The judge takes into consideration that the offenses occurred in one single episode instead of separate events.Florida statutes actually recommend concurrent sentencing on multiple charges from a single criminal episode unless there are reasons to impose consecutive terms. The concurrent sentence is kind of like a “two-for-one special” – you get sentenced for two crimes but serve only one term.
Consecutive Sentences
With consecutive sentences, the judge stacks the sentences back-to-back. Using the same example above with 5 year terms for robbery and assault, the total sentence would be 10 years if those terms were consecutive. The defendant would serve the 5 year term for robbery and then immediately start the 5 year term for assault.Consecutive sentences are more commonly imposed when there are multiple victims, the crimes occurred in separate events or locations, the defendant has an extensive criminal history, or the judge wants to “send a message” with a harsher overall penalty.Florida statutes actually recommend consecutive sentencing when a defendant is already serving another sentence at the time of the new offense. So if you commit a crime while on probation or parole, expect consecutive time.Judges also have discretion to mix concurrent and consecutive sentencing. For example, a judge could order counts 1-3 concurrent to each other but consecutive to counts 4-5. There are many potential combinations.
Limits on Consecutive Sentences
While judges have broad discretion on imposing consecutive terms, there are some statutory limits in Florida:
- Consecutive sentencing for multiple third-degree felonies is capped at 15 years total(https://www.flsenate.gov/Laws/Statutes/2011/921.0024)
- Consecutive sentencing for multiple second-degree felonies is capped at 30 years total(https://www.flsenate.gov/Laws/Statutes/2011/921.0024)
- First-degree felonies punishable by life are excluded from the caps above and can be freely stacked(https://www.flsenate.gov/Laws/Statutes/2011/921.0024)
- Consecutive enhancement sentences under 10-20-Life are capped at 40 years total(https://www.flsenate.gov/Laws/Statutes/2011/775.087)
So while a judge has discretion to really pile on consecutive time, these statutory provisions place an upper limit in most cases.
Considerations at Sentencing
When deciding between concurrent and consecutive terms, Florida judges look at a variety of factors, including(https://caselaw.findlaw.com/fl-district-court-of-appeal/1863753.html):
- Circumstances and severity of the crimes
- Criminal history of the defendant
- Likelihood of rehabilitation
- Remorse and cooperation with authorities
- Impact on victims and the community
- Sentencing norms and comparisons for similar crimes
- Defendant’s family obligations and ties to the area
- Recommendations in the pre-sentence investigation report
The judge really takes a “totality of the circumstances” approach in determining whether multiple sentences should be served concurrently or consecutively.Defense attorneys will often argue for concurrent terms by emphasizing mitigating factors like a limited criminal record, remorse, and family ties. The prosecution argues for consecutive sentences by focusing on the violent nature of the crimes, trauma to victims, and the need to incapacitate the defendant.
Modifying a Sentence Already Imposed
Florida judges maintain jurisdiction to modify sentences under some circumstances. For example, a judge can amend a sentence within 60 days to change concurrent terms to consecutive (or vice versa) if the court feels the initial sentence was improper or illegal(https://www.flsenate.gov/Laws/Statutes/2011/921.16).The state attorney can also file a motion to correct an illegal sentence at any time, which could potentially change concurrent sentences to consecutive if an error is found(https://www.flsenate.gov/Laws/Statutes/2011/921.16).However, double jeopardy protections generally prevent a judge from modifying a legal sentence to increase severity after 60 days have passed. So concurrent sentences cannot normally be changed to consecutive terms after that window.
How Concurrent vs. Consecutive Sentencing Impacts You
The judge’s decision on concurrent vs. consecutive sentencing can have a huge practical impact, especially when multiple long sentences are involved. Consecutive terms can keep someone locked up for decades longer than concurrent sentences for the same crimes.That’s why it’s critical to have an experienced Florida criminal defense lawyer argue for concurrent sentences and statutory caps whenever possible. An attorney can emphasize all the mitigating factors and negotiate for fair sentencing. While the judge has discretion, a compelling argument from an attorney can definitely influence the outcome in the defendant’s favor.The complexities of consecutive/concurrent sentencing are difficult to navigate alone. If you or a loved one are facing sentencing in Florida, consult with a lawyer to ensure the best possible result. An attorney can review the charges and facts of the case to build the strongest argument for concurrent terms and preserve your freedom. Don’t leave it to chance.