Concurrent vs. Consecutive Sentences: How Nevada Judges Decide

When you’re facing multiple criminal charges in Nevada, understanding how judges decide between concurrent and consecutive sentences becomes crucial. The decision can significantly impact the total time you might spend behind bars. At The Defenders, we recognize the anxiety and uncertainty this process can bring, and we’re here to guide you through the complexities of sentencing guidelines.

Sentencing comes after a person has been found guilty of a crime. It is the process through which a punishment is decided for the offender based on the severity of the crime committed. This is often the last step in the criminal justice system and is meant to serve as a form of retribution for the victim, deterrence for potential offenders, and rehabilitation for the offender.

Judges in Nevada consider various factors to determine whether sentences should run concurrently or consecutively. These include the nature of the offenses, your criminal history, and any mitigating or aggravating factors present in your case.

If you or a loved one is facing criminal charges, you need to hire a criminal defense lawyer right away. The Defenders is a team of experienced and skilled criminal defense attorneys who will fight for your rights and work tirelessly to achieve the best possible outcome for your case. Contact our office today to discuss your case for free.

Understanding Concurrent and Consecutive Charges

When you’re facing multiple criminal charges in Nevada, it’s crucial to understand how sentences can be structured. The court has the discretion to impose either concurrent or consecutive sentences, which can significantly impact the total time you might spend in prison.

Definition of concurrent sentences

Concurrent sentences allow you to serve multiple sentences simultaneously. This means that if you’re convicted of two offenses with 5-year sentences each, you’ll serve both sentences at the same time, resulting in a total of 5 years in prison.

Definition of consecutive sentences

Consecutive sentences, on the other hand, require you to serve each sentence one after the other. Using the same example, two 5-year sentences served consecutively would result in a total of 10 years in prison

While both types of sentencing involve serving time for multiple offenses, their impact on your overall sentence can be drastically different. It’s essential to understand how judges decide between the two options.

Legal basis in Nevada

Nevada Revised Statute 176.035 outlines the legal basis for concurrent and consecutive sentences in Nevada. This statute gives judges the authority to decide whether sentences for multiple offenses should run concurrently or consecutively.

However, there are specific circumstances where consecutive sentences are mandatory, such as when a person under imprisonment for a felony commits another felony.

It’s important to note that if the court doesn’t specify how the sentences should run, they will automatically be served concurrently 

Concurrent Sentencing: Merging Punishments

Concurrent sentencing allows multiple punishments to be served at once, resulting in a shorter total time behind bars. This option is typically used when the offenses are related, and the court wants to avoid over-punishing the defendant.

When Concurrent Sentences Are Typically Used

Concurrent sentencing is commonly used in cases where multiple charges arise from a single incident or criminal episode. For example, if you’re charged with both assault and battery for an altercation with one person, the court may impose concurrent sentences.

Calculation of Release Dates

When serving concurrent sentences, it’s important to understand that your total time spent behind bars will be equal to the longest sentence imposed. For example, if you’re sentenced to 5 years for one offense and 2 years for another, you’ll serve a total of 5 years before being eligible for release.

Consecutive Sentencing: Stacking Punishments

Consecutive sentencing requires individuals to serve their sentences one after the other, resulting in a longer total time behind bars. This option is typically used when the offenses are unrelated, and the court wants to ensure that each offense is punished separately. In addition, when imposing consecutive sentences, the court must pronounce the minimum and maximum aggregate terms of imprisonment.

When Consecutive Sentences Are Typically Used

Courts may impose consecutive sentences when an individual has a history of repeat offenses or when the crimes committed are particularly severe. It’s also commonly used as a deterrent for future criminal behavior.

Impact on Total Time Served

When serving consecutive sentences, your total time spent behind bars will be equal to the sum of all the individual sentences imposed. For example, if you’re sentenced to 5 years for one offense and 2 years for another, you’ll serve a total of 7 years before being eligible for release.

Factors Influencing Judges’ Decisions

When deciding between concurrent and consecutive sentences, judges must consider various factors to ensure a fair and just outcome. Some of the key elements that may influence their decision include:

• Severity of Crimes: Judges often consider the seriousness of each offense when determining whether sentences should run concurrently or consecutively. More severe crimes may warrant consecutive sentences to fully punish the defendant.
• Criminal History: A person’s criminal history can also play a significant role in the court’s decision. If an individual has a history of repeat offenses, the court may be more likely to impose consecutive sentences.
• Mitigating or Aggravating Factors: Judges will also take into account any mitigating or aggravating factors present in your case. These can include factors such as remorse, intent, and level of involvement in the crimes committed.
• Sentencing Guidelines: In some cases, judges may be required to follow sentencing guidelines outlined by the state. These guidelines can provide a framework for determining whether sentences should be concurrent or consecutive.

Sentencing Process in Nevada

The sentencing process in Nevada can be complex, and it’s crucial to have a skilled criminal defense attorney by your side. Your attorney can advocate for the most favorable sentence and help you understand your options for concurrent or consecutive sentencing.

Sentencing typically occurs after a guilty verdict or plea. The judge takes into account several factors discussed earlier when deciding on your sentence within the legal range for your offense.

This process can happen immediately for misdemeanors or take several weeks for felonies.

Plea Bargains and Their Impact on Sentencing

In some cases, the prosecutor and defense attorney may negotiate a plea bargain where the defendant agrees to plead guilty in exchange for a reduced sentence. This can also impact whether sentences will be concurrent or consecutive.

If you’re considering a plea bargain, it’s crucial to discuss all possible outcomes with your attorney, including their recommendation for concurrent or consecutive sentencing.

Do Juries Decide on Sentencing?

In Nevada, the role of juries in sentencing varies depending on the nature of the case. While judges typically handle sentencing, there are specific instances where juries play a crucial part. For most criminal cases, judges determine the appropriate sentence based on various factors and legal guidelines. However, in some cases, particularly those involving the death penalty, juries have a significant role in the sentencing process,

The Nevada Revised Statutes (NRS) outline specific procedures for jury involvement in sentencing. NRS 175.552 details when jury participation is required and the process to be followed. In death penalty cases, NRS 175.554 provides instructions to the jury, including the determinations they must make and the findings and verdict they must reach.

Facing Criminal Charges? Hire The Defenders

Navigating the criminal justice system can be daunting, especially when facing potential jail time. If you’re facing criminal charges in Nevada, it’s crucial to have a skilled defense attorney by your side who can fight for your rights and advocate for a fair sentence.

At The Defenders, we understand the complexities of sentencing and will work tirelessly to achieve the best possible outcome for your case. Our attorneys have extensive experience in representing clients facing a variety of sentencing options, from probation and community service to imprisonment and fines. We are committed to ensuring that the criminal justice system treats our clients fairly and justly.

Our team at The Defenders will thoroughly review your case and gather all relevant evidence to present a strong defense on your behalf.

Contact us today for a free consultation.

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