A Consecutive Sentence Are Served Back to Back
Video Transcribed: What is the difference between a concurrent sentence or a consecutive sentence in Oklahoma law? I’m Stuart Ericson, Wagoner attorney. So if you have multiple counts, let’s say you are charged with a crime, and there’s a count one, a count two, a count three, and maybe there’s even another case, there’s a whole different case number.
So you have multiple counts or maybe multiple cases. And whether you go to a jury trial or make a plea bargain, there are two types of sentences, concurrent or consecutive. So let’s say in a case, count one is a robbery with a firearm, count two is a rape. If you were to go to a jury trial, and the jury sentenced you to 10 years for the robbery and 10 years for rape.
A consecutive sentence would be those that are served back to back. So the count one, you would serve 10 full years in prison. When that is done, you start a brand new 10-year sentence on count two. So that’s pretty tough. You are serving each of these counts or cases back to back, to back.
And after a jury trial, most Oklahoma judges do that. It’s almost like a punishment for having a jury trial. And if you’re convicted, they will generally speak, run them consecutively. So three five-year sentences on three different counts will be a 15-year sentence. It won’t be five. It’ll be five, another five, and another five.
So that’s one of the benefits of plea bargaining. Because generally, when the DA’s office runs a plea offer, it’s one number for all counts and all cases together. And when there are multiple cases, multiple counts, they call it a global rack. Let’s take care of everything you have pending at one time and give one number.
And generally, those are concurrent. So let’s say in the same scenario, the deal was, hey, 10 years for the robbery, 10 years for the rape, but it’s all going to run at the same time. It’s going to run concurrently. So that means you’re serving, as soon as you plead guilty and start your sentence, all those 10 years are serving at the same time and they will be done at the same time.
So two 10-year sentences concurrent is less time than three five-year sentences that are consecutive. Because again, three five-year sentences consecutive, that’s five, a five, a five. So that’s 15. So that’s something to consider as always to decide whether or not you go to a jury trial, whether you make a plea bargain.
And again, it’s always the person charged, it’s always their decision. As your attorney, my job is to prepare for a jury trial and also to get what is the best plea offer we can get from the state of Oklahoma, and then a decision is made. So a big difference between concurrent and consecutive. Contact the criminal defense attorney in Wagoner if you have any questions.
