Two sentences can be ordered to be served either:

  • concurrent (at the same time); or
  • consecutively (one after the other). 

Whenever possible, you want your sentence to run concurrently.  However, the Judge must order a consecutive sentence if you were:

  • on probation at the time of the new offense
  • on parole at the time of the new offense
  • incarcerated at the time of the new offense, 
  • released on bond at the time of the new offense,
  • released on your own recognizance at the time of the new offense; or
  • a firearm was used in the commission of the offense. 

Additionally, there are limits on the amount of time that can be ordered for consecutive sentences for one “episode of criminal conduct” under IC § 35-50-1-2(d).

IC § 35-50-1-2. Terms: consecutive and concurrent.

(a)  As used in this section, “crime of violence” means the following:

(1) Murder (IC 35-42-1-1).

(2) Attempted murder (IC 35-41-5-1).

(3) Voluntary manslaughter (IC 35-42-1-3).

(4) Involuntary manslaughter (IC 35-42-1-4).

(5) Reckless homicide (IC 35-42-1-5).

(6) Aggravated battery (IC 35-42-2-1.5).

(7) Kidnapping (IC 35-42-3-2).

(8) Rape (IC 35-42-4-1).

(9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(10) Child molesting (IC 35-42-4-3).

(11)  Sexual misconduct with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).

(12) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).

(13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).

(14) Operating a vehicle while intoxicated causing death (IC 9-30-5-5).

(15) Operating a vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).

(16) Resisting law enforcement as a felony (IC 35-44.1-3-1).

(17) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).

(b) As used in this section, “episode of criminal conduct” means offenses or a connected series of offenses that are closely related in time, place, and circumstance.

(c) Except as provided in subsection (e) or (f) the court shall determine whether terms of imprisonment shall be served concurrently or consecutively. The court may consider the:

(1) aggravating circumstances in IC 35-38-1-7.1(a); and

(2) mitigating circumstances in IC 35-38-1-7.1(b);

in making a determination under this subsection. The court may order terms of imprisonment to be served consecutively even if the sentences are not imposed at the same time. However, except for crimes of violence, the total of the consecutive terms of imprisonment, exclusive of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10 (before its repeal) to which the defendant is sentenced for felony convictions arising out of an episode of criminal conduct shall not exceed the period described in subsection (d).

(d) Except as provided in subsection (c), the total of the consecutive terms of imprisonment to which the defendant is sentenced for felony convictions arising out of an episode of criminal conduct may not exceed the following:

(1)  If the most serious crime for which the defendant is sentenced is a Level 6 felony, the total of the consecutive terms of imprisonment may not exceed four (4) years.

(2) If the most serious crime for which the defendant is sentenced is a Level 5 felony, the total of the consecutive terms of imprisonment may not exceed seven (7) years.

(3) If the most serious crime for which the defendant is sentenced is a Level 4 felony, the total of the consecutive terms of imprisonment may not exceed fifteen (15) years.

(4) If the most serious crime for which the defendant is sentenced is a Level 3 felony, the total of the consecutive terms of imprisonment may not exceed twenty (20) years.

(5) If the most serious crime for which the defendant is sentenced is a Level 2 felony, the total of the consecutive terms of imprisonment may not exceed thirty-two (32) years.

(6) If the most serious crime for which the defendant is sentenced is a Level 1 felony, the total of the consecutive terms of imprisonment may not exceed forty-two (42) years.

(e) If, after being arrested for one (1) crime, a person commits another crime:

(1)  before the date the person is discharged from probation, parole, or a term of imprisonment imposed for the first crime; or

(2) while the person is released:

(A)  upon the person’s own recognizance; or

(B) on bond;

the terms of imprisonment for the crimes shall be served consecutively, regardless of the order in which the crimes are tried and sentences are imposed.

(f) If the factfinder determines under IC 35-50-2-11 that a person used a firearm in the commission of the offense for which the person was convicted, the term of imprisonment for the underlying offense and the additional term of imprisonment imposed under IC 35-50-2-11 must be served consecutively.

For additional information, click here.


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I was thoroughly impressed with the service at Jeff Cardella Law Offices. One of the things that distinguished Mr. Cardella from some of the other law practices that I called was the level of care and customer service that was attached to our conversation. I called expecting to speak to a receptionist and was connected directly to him. Mr. Cardella took a true consultative approach to make sure that my needs was addressed specifically to my situation. I highly recommend giving the Cardella office a call.

Jeff Rocks
Jeff demonstrated a great moral and positive character while working on my nephew’s case. He communicated promptly with my family as the case progressed and was easily accessible. We appreciated his honesty regarding the different scenarios and possible outcomes of the case. We were honor to have him as our attorney. Please do not hesitate to retain him, he will work diligently on your family behalf. We respected the fact he does a lot of the leg work himself.

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Mr cardella, was by far the best attorney, I’ve ever had, or dealt with my entire life.the communication is 2nd to none. I’ve had many attorneys thru my life for various needs and this was by far the easiest process I’ve had. These days most attorneys you have to call several times and when u reach or see them they seem to not pay attention to you or what you want, Jeff is not like the rest. Definitely hire Jeff cardella!!!

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Jeff Cardella is a very good criminal defense attorney. He’s a straight shooter who is honest and diligent.

I will never forget the situation that I was going through. I didn’t realize it at the time but do now, that a good attorney will listen first and tell you the truth about your situation and how he’s going to resolve your situation.

One last thing about Jeff Cardella. He is very good communicator, you will be communicated with on a consistent basis. I thank you Jeff for representing me and making me feel like I mattered. I have my life back and I feel blessed that you represented me.

I can’t describe how grateful I was to find Mr. Jeff on the internet, on the evening that my charges were filed. I called him at 5:30pm and he immediately accepted my case. He took the time to communicate and overview my challenges for the case in the same evening. Because of his swift investigation and gather of evidence, the courts are not pursuing my charges. Every case is different, but I’m humbly grateful and will retain him as my lawyer forever. Great job sir! Thanks so much for your hard work and speedy results.

Jeff Cardella, LLC provided excellent, professional services as my criminal defense attorney in Indiana. Despite all daunting uncertainties as someone who had never needed legal services, much less criminal legal services before, he helped me feel informed and prepared every step of the way ensuring best possible outcome.

I was very fortunate to have had one of my family members being represented by Mr. Cardella. As soon as I made the phone call, he took the case right away, represented the case, took charge and guided us step by step, not waisting one minute. He responded to calls or emails very fast, in a very professional and knowledgable manner. I had full trust in him from the realizing that he had great expertise as a defense attorney. All along he was also supportive and no question was left unanswered. Due to his prompt interventions and guidance the court has not pursued the case. I”ll be forever grateful and I would not hesitate to highly recommend him to friends or family in need of legal services.

Attorney Cardella is simply Excellent with his practice, professionalism, as well as expertise. I thank him most sincerely for All that he accomplished for my family.

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Excellent criminal Defense attorney

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