Concurrent Vs. Consecutive Sentences Explained

One legal choice can add years to a sentence, and we unpack exactly how that happens. We walk through how Indiana courts decide whether multiple convictions run at the same time or one after another, using simple, real-world examples that turn abstract rules into clear outcomes. You’ll hear why a three, five, and ten year set can be either ten years or eighteen, and what levers actually move a judge toward concurrency or stacking.

We go deep on Indiana’s framework: the presumption that multiple sentences run concurrently, the requirement to state specific aggravators to stack, and the powerful single episode of criminal conduct rule that caps consecutive time when crimes are tightly connected in time, place, and circumstance. Then we contrast it with federal sentencing under 18 USC 3584, where the default often tilts the other way and the defense must fight for concurrent orders. That state–federal split changes strategy, leverage, and expectations from day one.

From there, we break down the factors that tip the scales: criminal history, victim vulnerability, injury, and weapons use on one side; cooperation, remorse, treatment, employment, and community ties on the other. We also tackle the practical questions clients ask most: how plea agreements can lock in concurrent terms, why sentences from different counties often stack unless you negotiate a global resolution, and how to build a mitigation record that makes concurrency feel both fair and sensible. If you or someone you love is facing multiple charges in Indiana, this is a clear roadmap to the rules, the risks, and the strategies that can reclaim years.

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The Law Office of Mark Nicholson

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Transcript

Defining Concurrent And Consecutive

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I'm attorney Martin Nichols from Law Officer Martin Nichols, and I'm going to talk about consecutive versus concurrent sentences in Indiana. When someone is convicted of multiple crimes, one of the most critical moments in the entire case is when the judge decides how the sentences will be served. It's a decision that can mean the difference between a few years behind bars or a few decades. This all comes down to two legal concepts, concurrent and consecutive sentences. The core distinction is straightforward. Concurrent sentences are served at the same time, while consecutive sentences are served one after another. Defining your particular sentence, concurrent versus consecutive sentence. Think of it this way. A concurrent sentence is like running multiple timers at once. If you're handed sentences of three years, five years, and ten years to be served concurrently, they all start ticking down at the same time on day one. Your total time in prison is dictated by the longest sentence. In this case, it'd be 10 years. Once that longest timer hits zero, you're done. You're out. A consecutive sentence, on the other hand, is like lining those timers up one after another in a row. You have to finish one before the next one starts. Using that same example of three, five, and ten, you would serve them back to back. The total time becomes the sum of all three. Three, five, and ten is eighteen years. That's a huge difference. The choice isn't just a matter of simple math. It fundamentally alters a person's life trajectory. When the definitions are simple, the real world impact is massive. A just decision isn't made in a vacuum. It's shaped by Indiana law, the nature of the offenses, and crucially the arguments made by the defense and prosecution. So once again, concurrent means they're being served simultaneously at the same time, consecutive, one after another. The key takeaway, the key takeaway is this concurrent sentences default to the longest sentence, the longest single sentence, while consecutive adds all those individual sentences up to determine the total length of your incarceration. That's why fighting for concurrent sentences is almost always a primary goal for any defense lawyer when their client is facing multiple charges in Indiana. It's one of the most effective ways to limit a person's total exposure and get them back to their life sooner. Now, how does Indiana law govern these sentencing decisions? In Indiana, the decision between concurrent and consecutive sentences isn't just a flip of the coin. It's guided by a specific legal framework that's spelled out in Indiana statutes. Unlike some states with the hard and fast rule, Indiana gives judges quite a bit of room to maneuver. But that power is reined in by strict rules that dictate when and how sentences can be stacked. If you're facing multiple criminal charges, understanding these rules is everything, that sentences for multiple convictions are presumed to run concurrently. This is a critical principle. However, the law does carve out specific exceptions that allow judge to impose consecutive sentences, turning something that might have been a five-year sentence into a 10-year term or even higher. The deciding factor is the single episode of criminal conduct. One of the most powerful concepts in Indiana sentence law is the single episode of criminal conduct. It's a rule that can dramatically cap your prison time. The term refers to a crime that is so closely connected in time, space, and circumstance that there is a single episode, its power to stack those sentences gets severely limited. For example, if someone robs the convenience store and shoves the clerk in the process, a judge would almost certainly see the robbery and the battery as part of one event. In these situations, the total length of the consecutive sentence cannot exceed the maximum sentence for the next highest level felony involved. So, in other words, can't just decide to stack sentences on a whim. They must state specific, aggravating circumstances on the record to justify it. This requires clear evidence based on an explanation rooted in the facts of the case and the defendant's history. This single episode rule is a vital safeguard against ridiculously long sentences for a single bad decision. A sharp defense attorney will tear apart the facts to argue that all charges fall under one episode, putting a firm ceiling on potential prison time. Indiana versus federal sentencing, a critical distinction. It's crucial to know that Indiana's sentence system is a world away from the federal courts. The federal legal framework is built on an entirely different policy idea that directly impact how much time a defendant will actually serve. Under 18 USC section 3584, the federal system essentially defaults to consecutive sentences unless a judge goes out of their way to order concurrent time. This creates a night and day difference. In federal court, the presumption is that sentences will be stacked and the defense has to fight for concurrent sentences. In Indiana State Court, the opposite is often true. The burdens on the prosecutor to convince the judge that a harsher consecutive sentence is justified. When a judge does have the discretion to choose between consecutive and concurrent sentences, their decision often comes down to carefully weighing aggravating and mitigating circumstances. These are specific details about the crime and the defendant that can either ratchet up a sentence or bring it down. Common factors that the judge will look at include the defendant's criminal history, how long or violent record is a huge having a long and violent record is a huge aggravating factor that screens for consecutive sentences. The nature of the offense. Crimes that cause serious injury, target vulnerable victims like kids with elderly or law enforcement, or involve a weapon are far more likely to get stacked sentences. Cooperation with law enforcement, a defendant's choice to cooperate, show genuine remorse, can be powerful. Can be powerful. Struggling with addiction, mental health issues, that can also help to persuade a more lenient sentence. Evidence of a good character, community ties, working, those are things that can help with a concurrent sentence. And then the judge's decision is a balancing act that makes telling a compelling story about the defendant's life and the circumstance of the crime absolutely essential. Now I'm going to talk about some questions that we hear about all the time regarding Indiana sentencing. When you're staring down multiple criminal charges in Indiana, jargon around sentencing can feel like another language. The difference between getting consecutive versus concurrent sentences is huge. And it brings a lot of practical, real-world questions. Here are some straight answers to concerns I hear most often. Can a plea bargain lock in concurrent sentences? Absolutely. A plea agreement is essentially a negotiated contract between you and the defense, you and the prosecutor. If your attorney can successfully negotiate concurrent sentencing and add a specific term in that deal, and the judge signs off on it, it becomes a binding court order, a binding contract, a binding agreement. This is one of the most powerful tools in a defense attorney's arsenal. It yanks the unpredictable unpredictable of a judge's whim out of the equation and locks in a predictable, much better outcome for your total time served. It's a perfect example of how skilled negotiation can directly control your future. A well-negotiated plea agreement can be the difference between serving sentences back to back or all at once. It provides a certainty in an otherwise unpredictable process. Getting that guarantee, however, depends entirely on the strength of negotiations and the leverage your attorney can build. Without that specific written language in that plea agreement and it's not accepted by the court, the decision goes right back to the judge's hands at a sentencing hearing if it's not in the plea agreement. Now, what happens if I'm convicted in different counties? People ask. This is where things can really get complicated and fast. When you have sentences handed down by courts in different counties, the default assumption is often that they will run consecutive. Each court is its own island. One judge isn't bound by another sentencing decision. This creates a dangerous situation where sentences can stack up automatically unless there's some kind of coordinated legal effort to stop it. To get a concurrent sentence across multiple jurisdictions, your attorney has to pull a much trickier legal maneuver. They must negotiate a global resolution with prosecutors from every single county involved, persuade the judges in each courtroom to explicitly order their sentence to run concurrently with the sentences from other counties. Now, the problem is sometimes there may be a specific statute that prevents them from running them concurrently, and then you run across that. But this demands the defense lawyer who can do more than just fight in the courtroom. They need to be able to manage and coordinate multiple cases at the same time to protect your bottom line. Another question: how does my criminal history affect sentencing? Your criminal history is one of the biggest aggravating factors there is that a judge will look at. Under Indian law, it paints a picture of your past, and you can get the prosecutor for sure to use that to argue for a tougher penalty. There's no doubt they're going to use that, including arguing for consecutive sentence. A record of prior convictions, especially for similar or violent convictions, sends a strong signal to the court that a much harsher punishment needs to be given to you. This makes it absolutely critical for your defense to present mitigating factors that you're that the judge can hear. Your attorney's job is to kind of neutralize the damage of your past criminal convictions, highlighting evidence of rehabilitation, personal growth, strong community ties or other circumstances to argue for a second, third, fourth, however many chances you may need. The goal is to let the judge know that your past mistakes do not require you to have a consecutive sentence. Giving you a concurrent sentence would be the just and right outcome. And that's your Nicholson nugget of the day. Please be sure to like and subscribe.