If you are not statutorily eligible for probation or probation has been denied, you will be sentenced to prison.  If you are convicted of more than one crime, the sentencing court usually has discretion to sentence you to consecutive or concurrent sentences.

A consecutive sentence means that each sentence must be served one at a time, and when one sentence is over, the other sentence begins.  You will be released from incarceration once each consecutive sentence is served.  Thus, if you are convicted of two crimes, with consecutive sentences of eight years and two years, you must serve ten years before your release, not counting good behavior credit.

Concurrent sentences are multiple sentences served at the same time.  Thus, if you are concurrently sentenced to eight years and two years, you will only serve a maximum of eight years.  Because both sentences start at the same time, you will be released from custody when your longest sentence has elapsed.  If the court does not state whether the sentences will run concurrently or consecutively, the sentences are presumed to run concurrently.  (PC 669.)

Under California Rules of Court, Rule 4.425(a), the court will consider the following circumstances in determining whether to impose a consecutive or concurrent sentence:

(a)        Criteria relating to crimes

Facts relating to the crimes, including whether or not:

(1)The crimes and their objectives were predominantly independent of each other;

(2)The crimes involved separate acts of violence or threats of violence; or

(3)The crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior.

The court can also consider aggravating or mitigating circumstances in determining consecutive or concurrent sentencing, subject to certain exceptions.  (Cal. Rules of Court, Rule 4.425(b).)

Also, under PC 654, if one act violates multiple laws, a person can be convicted for the multiple crimes, but can only be subject to one sentence for that act.  (See Cal. Rules of Court, Rule 4.424.)

If you have been convicted of a felony, you will need an experienced Southern California criminal defense lawyer to vigorously represent you during your sentencing hearing.  Having Wallin and Klarich fighting for you at your sentencing hearing could make the difference between you receiving a probationary sentence or being sent to state prison for many years.  At Wallin & Klarich, we have represented clients at sentencing hearings for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.