When an Indiana court imposes multiple sentences on a defendant, the judge must determine how those terms of imprisonment will be served. The two primary options are concurrent or consecutive sentencing.
Understanding Concurrent vs. Consecutive Sentences
- Concurrent Sentences: Terms of imprisonment run at the same time. A defendant serves the longest single sentence.
- Consecutive Sentences: Terms of imprisonment run one immediately after the other. The total time of imprisonment is the sum of the individual sentences.
In most cases, a defendant hopes for sentences to run concurrently, as this results in the shortest time of imprisonment.
Mandatory Consecutive Sentencing in Indiana
Under Indiana law (IC § 35-50-1-2(e) and IC § 35-50-2-11), a judge must order sentences to be served consecutively in specific situations. This is required if the new offense was committed while the defendant was:
- On probation for a previous crime.
- On parole for a previous crime.
- Incarcerated for a previous crime.
- Released on bond for a previous crime.
- Released on their own recognizance (OR) for a previous crime.
Additionally, if the fact-finder determines that a firearm was used in the commission of the offense, the term for the underlying offense and the firearm enhancement must be served consecutively.
Discretionary Sentencing and the “Episode of Criminal Conduct” Rule
For offenses that do not fall under the mandatory consecutive rules, the sentencing court has the discretion to determine whether terms of imprisonment are served concurrently or consecutively. The court may consider both aggravating circumstances (IC § 35-38-1-7.1(a)) and mitigating circumstances (IC § 35-38-1-7.1(b)).
Definition of “Episode of Criminal Conduct”
According to IC § 35-50-1-2(b), an “episode of criminal conduct” means offenses or a connected series of offenses that are closely related in time, place, and circumstance.
Maximum Consecutive Sentence Limits
The total length of consecutive sentences for felony convictions arising out of one “episode of criminal conduct” is capped based on the most serious crime for which the defendant is sentenced, as defined in IC § 35-50-1-2(d). This cap does not apply to crimes of violence.
| Most Serious Crime | Maximum Total Consecutive Sentence |
|---|---|
| Level 6 Felony | 4 years |
| Level 5 Felony | 7 years |
| Level 4 Felony | 15 years |
| Level 3 Felony | 20 years |
| Level 2 Felony | 32 years |
| Level 1 Felony | 42 years |
Exception: Crimes of Violence
The statutory cap on consecutive sentencing for an “episode of criminal conduct” **does not apply** to **crimes of violence** (IC § 35-50-1-2(a)). This category includes, but is not limited to: Murder, Attempted Murder, Voluntary and Involuntary Manslaughter, Reckless Homicide, Aggravated Battery, Kidnapping, Rape, Child Molesting, Sexual Misconduct with a Minor (Level 1/2 felony), Robbery (Level 2/3 felony), Burglary (Level 1-4 felony), certain OWI offenses, felony Resisting Law Enforcement, and Unlawful Possession of a Firearm by a Serious Violent Felon.
Contact Jeff Cardella for a Free Consultation
If you have questions about a criminal matter in Indiana, call me for a free consultation to discuss your case.
Phone: 317-695-7700 Email: jeffcardella@cardellalawoffice.com Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
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