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Consecutive vs. Concurrent Criminal Sentencing

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If you’re sentenced for committing multiple crimes, whether that sentence is concurrent or consecutive can dictate whether you spend years of your life imprisoned or free. At The Criminal Defense Team of Baldwin Perry & Wiley P.C., we work tirelessly to protect your freedom. If you must serve time, we advocate for concurrent sentencing. Learn more about your rights and how we can help protect them when you call us today for a free and confidential consultation.

consecutive vs concurrent criminal sentencing

What Is a Concurrent Sentence?

Concurrent sentences involve situations in which there are multiple counts as part of the same case or multiple criminal cases are rolled into one. With a concurrent sentence, you serve time for all counts at once. For example, if you are charged with battery and disorderly conduct and receive a concurrent sentence, you serve time for the offenses simultaneously.

Concurrent sentencing allows criminal defendants to serve simultaneous time for multiple offenses, allowing them to be released much sooner than if their cases are consecutive. For this reason, concurrent sentencing is more advantageous for defendants and is what our lawyers will fight for, if necessary.

What Is a Consecutive Sentence?

Consecutive sentences require serving time for each conviction separately. For example, if you are convicted of battery and disorderly conduct, you would serve one sentence, followed by the next.

Judges consider various factors when determining whether to make sentences consecutive or concurrent, including the severity of the crimes, aggravating circumstances, mitigating circumstances, your prior criminal history, and public safety.

Rules Regarding Consecutive and Concurrent Sentencing

Indiana Code § 35-50-1-2 sets out the rules regarding consecutive and concurrent sentencing. Unless the parties are in agreement otherwise, sentences are consecutive if a gun was involved in the commission of an offense or you are convicted of a crime of violence. Sentences must also be consecutive when a defendant is out on bond and commits another offense. If you’re charged with multiple charges as part of the same course of conduct, the sentences must be concurrent.

The total of the consecutive terms of imprisonment for felony convictions cannot exceed the following, based on the most serious crime for which you are sentenced:

  • Four years if sentenced to a Level 6 felony
  • Seven years if sentenced to a Level 5 felony
  • Fifteen years if sentenced to a Level 4 felony
  • Twenty years if sentenced to a Level 3 felony
  • Thirty-two years if sentenced to a Level 2 felony
  • Forty-two years if sentenced to a Level 1 felony

Protect Your Rights – Call The Criminal Defense Team Today

If you are facing criminal charges, it’s critical you hire an experienced criminal defense attorney in Indianapolis. The Board-Certified Criminal Trial Specialists at The Criminal Defense Team of Baldwin Perry & Wiley PC are ready to go to battle for you in court. If a conviction is unavoidable, we advocate aggressively on your behalf for concurrent sentencing to minimize the impact of a conviction on your life and freedom. Call us today to learn more about your legal rights and options when you call (317) 687-8326 for a free case review.