If you or someone you love is facing more than one criminal charge, one of the most important questions is how those sentences will be served. Will the sentences run at the same time, or will one begin after the other ends? The answer can mean a significant difference in how much time someone spends behind bars.
The Short Answer
A concurrent sentence means multiple sentences are served at the same time. The person is released once the longest sentence is completed.
A consecutive sentence means the sentences are served one after another, back to back. The total time in custody is therefore the combined length of the sentences.
A Simple Example
Say someone is convicted of two separate offenses, one carrying a 2-year sentence and another carrying a 4-year sentence.
- Concurrent: The sentences run at the same time, so the total sentence is 4 years, based on the longer sentence.
- Consecutive: The sentences run back to back, so the total sentence is 6 years, with 2 years followed by another 4 years.
The difference between those two outcomes can be enormous. That is why concurrent versus consecutive sentencing can be an important issue during plea negotiations and at sentencing.
How New York Law Handles This: Penal Law § 70.25
In New York, whether sentences run concurrently or consecutively is governed by Penal Law § 70.25. The general rule depends in large part on whether the offenses arose from the same act or transaction or from separate acts.
- Same act or transaction: When multiple charges arise from a single act, New York law generally favors concurrent sentences in situations covered by the statute. For example, if multiple offenses are based on the same conduct, the court may be required to impose concurrent sentences.
- Separate acts or transactions: When charges stem from distinct actions, even if those actions occurred close together in time, consecutive sentences may be permitted or required depending on the circumstances.
This distinction can become the central legal issue in a multi-charge case. Were the offenses really part of one continuous act, or did they result from separate criminal acts? The answer can have a major impact on the amount of time a defendant ultimately serves.
What a Judge Considers
Depending on the circumstances, a New York judge may consider several factors when determining whether sentences can or should run concurrently or consecutively, including:
- Whether the offenses arose from a single act or multiple separate acts
- The nature and severity of each charge
- The defendant’s prior criminal history
- Whether a statute requires or prohibits concurrent sentencing for the particular combination of offenses
- The terms of any applicable plea agreement
The sentencing rules can be complicated, especially when multiple charges involve different statutes or different types of conduct.
Why This Matters for Your Case
The difference between concurrent and consecutive sentences can dramatically change how much time someone actually spends in custody. That makes sentencing an issue worth addressing throughout the case, from the initial charging decision and plea negotiations through the final sentencing arguments.
An experienced criminal defense attorney can examine whether the charges arose from the same conduct, identify the sentencing rules that apply, present relevant mitigating factors, and argue for the most favorable outcome the law allows.
Frequently Asked Questions
Is a concurrent sentence always the better outcome?
For a defendant facing multiple sentences, concurrent sentencing will generally result in less total time in custody because the sentences overlap rather than stack. However, the best outcome depends on the specific charges, sentencing rules, and circumstances of the case.
Can a judge choose either option freely?
Not always. Some situations under New York law require consecutive sentencing, while others require concurrent sentences or give the judge discretion based on the facts of the case.
Does pleading guilty affect whether sentences run concurrently or consecutively?
It can. Plea agreements sometimes address how sentences will run as part of the negotiation. That is one reason having experienced counsel involved at the plea stage can be just as important as having strong representation at trial.
Talk to a Saratoga Springs Criminal Defense Attorney
If you’re facing multiple charges in New York, the difference between concurrent and consecutive sentencing could significantly affect your future. Contact Ianniello Chauvin, LLP for a free case review. Our attorneys can review the charges you’re facing, explain how the sentencing rules may apply, and help you pursue the best realistic outcome for your case.