Is the Sentence Higher if an Assault is Committed by a Prisoner or Inmate?
For the person on the street guilty of assault, the maximum penalties range from 10 years for second degree to 25 years for first-degree assault. The playing field changes if the perpetrator is already a prisoner. As seasoned Baltimore criminal lawyers well know, Yes, the sentence is greater if an assault is committed by a prisoner or inmate. Attorney Eric T. Kirk will tell you.
- A prisoner is not eligible to have any of their sentence suspended.
- Any sentence for an assault committed by a person while a prisoner must be consecutive the sentence that person is currently serving.
A consecutive sentence is one that is in effect ‘tacked on’ to the end of an existing sentence. People tend to view a concurrent sentence- where a judge has discretion to order that someone served time for different offenses at the same time to be an act of leniency. A concurrent sentence would be correctly viewed as the opposite. The distinction between consecutive and concurrent sentences profoundly affects the punishment’s length and severity. For defendants, understanding this difference is essential, as it can dramatically alter the implications of a conviction. Is the Sentence Higher if an Assault is Committed by a Prisoner or Inmate? Yes, always. One way to look at it? Sentences served concurrently will result in a longer period behind bars than the same sentences served concurrently. Legal representation can play a critical role in advocating for a sentencing structure that balances accountability with fairness.
Baltimore Consecutive vs. Concurrent Sentences: Key Differences Explained
In the Baltimore, MD criminal justice system, when a defendant is convicted of multiple offenses, a judge must decide how to structure the sentences. Two options are consecutive sentences and concurrent sentences. Is the Sentence Higher if an Assault is Committed by a Prisoner or Inmate? Absolutely. The offense committed by an inmate cannot be suspended, in whole or in part, so more time is spent behind bars, and obviously, can significantly impact the total time an individual spends in custody or under supervision. Moreover, such a sentence must be served after the completion of other sentences the inmate or prisoners already serves, clearly extending the stay.
Consecutive Sentences Served in Baltimore
Is the Sentence Higher if an Assault is Committed by a Prisoner or Inmate? Yes. Consecutive sentences are greater, longer or, result in more time in jail or under supervision that sentences which are concurrent. When sentences are served consecutively, they are imposed one after another. This means the defendant must complete the sentence for one conviction before starting the sentence for another. For example, if someone receives two consecutive sentences of five years each, they will serve a total of ten years in prison. Baltimore criminal defense lawyers typically see consecutive sentencing applied in cases involving serious crimes, multiple victims, or when the court wants to emphasize the severity of the offenses. Consecutive sentences may be used by a Baltimore judge to ensure that a defendant is held accountable for each individual crime they committed. For example, in cases involving multiple counts of assault or theft, consecutive sentences send a signal that each act is being punished separately. Judges in Baltimore, MD may also be inclined to impose consecutive sentences when the crimes occur at different times or involve distinct incidents.
Baltimore Concurrent Sentences: The Major Difference
On the other hand, concurrent sentences allow multiple sentences to be served simultaneously. In this arrangement, the defendant serves all sentences at the same time, with the longest sentence determining the total duration of imprisonment. For instance, if a person is sentenced to three concurrent terms of three, five, and seven years, they would serve only seven years. Concurrent sentences may be used for related offenses that arise from a single incident or when mitigating circumstances exist. This approach can reflect judicial leniency or recognition that the crimes were interconnected. A secondary concern, it may also reduce the burden on correctional facilities by avoiding excessively long periods of incarceration for offenses considered less severe.
Conclusion
The decision to impose consecutive or concurrent sentences is usually at the judge’s discretion, though Baltimore has mandatory provisions for certain crimes for assaults committed Baltimore area prisoners. Factors influencing this decision include the nature of the offenses, the defendant’s criminal history, and the impact on victims. Effective Baltimore criminal defense lawyers employ, advocate and fight for the possibility of these sentences in plea discussions and sentencing hearings.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
