North Carolina Governor Josh Stein signed a new law that applies to North Carolina sentencing rules. The law changes a longstanding rule that judges typically followed regarding how multiple sentences are to be served. The law applies to those who are facing more than one sentence, such as for multiple convictions. The new law allows for consecutive sentences and could impact the length of a defendant’s sentence, possibly by many years. The new law takes effect on December 1, 2025, for crimes committed on or after that date.
Multiple Convictions
When a defendant is convicted or pleads guilty of more than one crime, the judge may sentence the defendant for each of the crimes. Generally, the default that judges used to use provided for multiple sentences to run concurrently. Concurrent means that the sentences are to be served at the same time. For example, if a person was convicted of three crimes that each had a sentence of one year, the old precedent was that the judge would order the sentences to be served concurrently. That means you would only serve one year total.
New Law for Consecutive Sentences
Concurrent sentencing is the default that has long been used by judges in cases where a defendant is guilty of more than one crime. The sentences are served at the same time. The new law provides for no default for sentencing. A judge may therefore impose a sentence to run either consecutively or concurrently. The judge must also put his or her reasons for the particular decision in writing. Thus, a defendant could be ordered to serve consecutive sentences, which is also known as being ‘boxcared.’
What Does Getting “Boxcared” Mean?
The term “boxcar” in the legal sense means the stacking of sentences on top of each other. The term comes from the way boxcars are stacked. This means that multiple sentences will be served consecutively rather than concurrently. If a judge orders consecutive sentences, you would need to complete the first sentence before you begin serving the second sentence, and then complete the second sentence before you serve the third sentence, and so on. In reality, it could add years to a possible sentence.
How the New Law Impacts Defendants
It is important for a defendant to understand the severity of potential consecutive sentences. This makes it more critical than ever to vigorously defend yourself, particularly if you are facing multiple charges. You will want to fight hard to prevent yourself from getting boxcared, but it is often best not to go it alone. An experienced attorney is essential for protecting your rights and defending you throughout the case. Your lawyer will work to try to dismiss or eliminate any possible charges, and will also help keep you from getting boxcared if you are facing multiple sentences.
If you are facing criminal charges, we can help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak to our experienced defense team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
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