Key Takeaways
- Concurrent sentences run at the same time, while consecutive sentences run one after another.
- Indiana law requires consecutive sentences in certain situations under IC 35-50-1-2.
- Connected offenses generally cannot receive consecutive sentences.
- Indiana law limits the total length of consecutive sentences by the highest felony level.
- Plea agreements may specify whether sentences run concurrently or consecutively.
A defendant facing more than one criminal charge in Indiana often hears the terms “concurrent” and “consecutive” for the first time at the worst possible moment, in a courtroom, with years of freedom on the line. The distinction between concurrent vs. consecutive sentencing can mean the difference between serving one sentence or several stacked on top of each other. Banks & Brower, your Indianapolis Criminal Defense Lawyers, has guided clients across Indiana through this exact question, and understanding how judges make this decision is the first step toward preparing a sound defense.
Contact your Criminal Defense Lawyers in Indianapolis
call us: 317-870-0019What Is the Difference Between Concurrent and Consecutive Sentencing?
Concurrent means sentences are served at the same time, while consecutive means they are served one after another. For instance, a concurrent sentence allows someone convicted of multiple crimes to serve all punishments simultaneously. In contrast, a consecutive sentence requires serving time for each conviction sequentially. Judges decide based on factors like the severity of the crimes, the defendant’s history, and public safety.
When Defendants are sentenced in criminal cases, there are often multiple counts as part of the same case and/or multiple cases being wrapped up all at once. Whether it be by plea agreement or post-conviction at trial, the issue of consecutive (one after the other) or concurrent (running together) sentencing is often raised and becomes important.
When Does Indiana Law Require Consecutive Sentences?
According to IC 35-50-1-2, generally speaking, unless the parties are in agreement to the contrary as part of a plea or agreed sentencing, the following hardline rules apply:
- If you are out on bond on one offense and you are arrested on another offense, those separate offenses and subsequent sentences must be served mandatorily consecutive
- If a gun was used in the commission of the offense, the crimes must be consecutive
- If you are convicted of a “crime of violence,” the sentences must be consecutive
- Those include: Murder, attempted murder, voluntary manslaughter, involuntary manslaughter, reckless homicide, battery (L2-5), domestic battery (L2-5), aggravated battery, kidnapping, rape, criminal deviate conduct, child molesting, sexual misconduct as a L1 or L2, robbery as a L2 or L3, burglary as a L1 – L4, OVWI causing death or catastrophic injury, OVWI causing SBI, child exploitation at L4 or L5, resisting law enforcement as a felony, firearm possession by serious violent felon, and/or strangulation as a L5.
- If you are charged with multiple charges as part of the same course of conduct or case (“a connected series of offenses that are closely related in time, place, and circumstances”), the sentences cannot be run consecutively
Do Defendants or Prosecutors Prefer Concurrent Sentencing?
While not always the case, typically Defendants and their counsel push hard and hope for concurrent sentencing, while prosecutors strive for lengthier, stacked sentences. While plea agreements often spell out how multiple convictions will be handled (concurrent or consecutive), the issue becomes a much larger deal when a defendant is convicted after trial or pleads open and the court decides their fate on separate crimes.
What Are the Benefits of Concurrent Sentencing?
The benefit of concurrent sentences are obvious: the punishments for multiple offenses are being served at the exact same time rather than separately, and if the defendant violates the terms of his sentence, he serves the sanctions for the multiple offenses all at the same time as well. For lack of a better analogy, it’s like buy one get one free. Multiple instances of bad conduct are treated the same from a punishment perspective rather than stand alone.
How Does a Consecutive Sentence Work in Indiana?
Clearly, consecutive sentencing is the antithesis of this. Each crime stands alone. A violation of one is a sanction for all consecutive sentences, each running after another. So, for example, if you violate probation on day one of Count I and you are serving 4 separate sentences consecutively, you are also violating Count IV as well. Some think that isn’t fair because Count IV hasn’t even started yet, but, alas, that’s the law. The same goes for separate cases running consecutively. That’s why lawyers fight over concurrent vs. consecutive sentencing.
How Long Can Consecutive Sentences Be Stacked Under Indiana Law?
As stated above, the governing statute that addresses this issue is IC 35-50-1-2. It lays out that after a judge has determined that the sentences will be consecutive, and after considering the aggravating and mitigating circumstances, the judge is constrained to certain guidelines for what is stackable, what isn’t, and how much things can be stacked. Stackable sentences are limited as follows:
If the most serious crime for which the defendant is sentenced is a:
- L6, the most that can be added on top of the L6 maximum sentence is 4 years
- L5, the most that can be added on top of the L5 maximum sentence is 7 years
- L4, the most that can be added on top of the L4 maximum sentence is 15 years
- L3, the most that can be added on top of the L3 maximum sentence is 20 years
- L2, the most that can be added on top of the L2 maximum sentence is 32 years
- L1, the most that can be added on top of the L1 maximum sentence is 42 years
Contact Banks & Brower About Your Concurrent or Consecutive Sentencing Questions
In conclusion, this can all be very confusing to the lay person. That’s why it’s essential that an experienced Indianapolis criminal defense attorney is hired in cases involving concurrent or consecutive sentencings. Should you or a loved one be facing a criminal offense in Indiana, give Banks and Brower a call at (317) 870-0019 or by our contact form 24/7/365.
Frequently Asked Questions
Can a Judge Change a Consecutive Sentence to a Concurrent Sentence?
Yes, a judge retains limited authority to modify how a sentence is served, but changing a consecutive term to a concurrent one after conviction requires the defense to file a formal request and show good cause. The original concurrent vs. consecutive designation generally stands unless the defense files a modification petition and the court grants it.
Are Concurrent Sentences Available for Both Felony and Misdemeanor Convictions?
Yes, Indiana courts can impose concurrent sentences on felony and misdemeanor convictions alike, though the practical impact differs by offense level. A defendant facing multiple misdemeanors may see limited benefit from a concurrent order since misdemeanor terms already carry shorter maximum exposure. Felony defendants often see a larger benefit, since stacking several felony counts consecutively can add years to a sentence. Judges consider the offense mix and the defendant’s record before deciding how each count will run.
Does Having Multiple Criminal Charges Automatically Mean a Longer Prison Sentence?
No, facing multiple charges does not automatically lead to a longer prison sentence, since Indiana law leaves the concurrent vs. consecutive decision to the sentencing judge. Under Indiana Code 35-50-1-2, judges weigh aggravating and mitigating circumstances before deciding whether terms run at the same time or one after another. Certain situations, such as an offense committed while out on bond, require consecutive terms by statute. Outside those triggers, a judge retains discretion, and total exposure often depends on argument and preparation.
What Factors Can Help You Qualify for Concurrent Sentencing in Indiana?
Several factors can support a request for concurrent sentencing, including a limited or nonviolent criminal history, steady employment, and proof that the charges arose from one closely connected event rather than separate incidents. Judges also consider whether a defendant accepted responsibility early, complied with bond conditions, and presented mitigating circumstances such as documented rehabilitation efforts. Prosecutors and defense counsel frequently negotiate this issue directly in a plea agreement, which can settle whether sentences run together well before a judge reaches formal sentencing.
Why Is Legal Representation Important During the Sentencing Process?
Legal representation matters during sentencing because the difference between concurrent and consecutive terms often comes down to preparation, timing, and the arguments presented to the court. An attorney can identify whether charges qualify as one connected episode, gather mitigating evidence, and negotiate directly with prosecutors before a case reaches a courtroom. Banks & Brower represents clients facing multiple charges across Indiana and works to present sentencing arguments grounded in the facts of each case and the applicable statute.
“I must say Banks & Brower law, firm is the best at what they do. I had a warrant on me Adam Brower resolved the case immediately. If you have any type of criminal case. I recommend this law firm, very highly very satisfied again, Adam Brower is the best attorney in the state of Indiana” – Olga, Google
