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When a person is sentenced on more than one criminal conviction in Tennessee, one of the most important questions is whether the sentences will run concurrently or consecutively.
Concurrent sentences run at the same time. Consecutive sentences run one after another. That distinction can dramatically change the effective sentence a defendant actually faces.
What Is a Concurrent Sentence?
Concurrent sentences are served at the same time. If a defendant receives multiple sentences that run concurrently, the periods of service overlap rather than simply being added together.
For example, a four-year sentence and a two-year sentence ordered to run concurrently generally produce an effective sentence of four years, subject to the specific judgments and applicable release laws.
What Is a Consecutive Sentence?
Consecutive sentences are stacked. One sentence runs after another, increasing the total effective sentence.
A four-year sentence followed consecutively by a two-year sentence generally creates a six-year effective sentence. In cases involving several counts or multiple cases, consecutive sentencing can therefore have a major impact.
When Can a Tennessee Judge Order Consecutive Sentences?
Tennessee Code Annotated § 40-35-115 identifies circumstances that can support discretionary consecutive sentencing. Those include, among other grounds, an extensive record of criminal activity, certain dangerous-offender findings, committing an offense while on probation, and certain cases involving multiple victims.
The State does not automatically receive consecutive sentences simply because a defendant has multiple convictions. The court must apply the governing law to the particular case.
When Are Consecutive Sentences Mandatory?
Some situations are governed by statutes or the Tennessee Rules of Criminal Procedure that require consecutive service. Tennessee Rule of Criminal Procedure 32, for example, addresses certain sentences involving offenses committed while a defendant is on parole, escape status, or bail.
Because mandatory and discretionary consecutive sentencing are different, counsel should identify the precise rule that applies before advising a client about the effective sentence.
What If the Offense Was Committed While the Defendant Was on Probation?
Tennessee law lists an offense committed while on probation as a ground that may support consecutive sentencing. That does not mean consecutive sentencing is automatically mandatory merely because the defendant was on probation.
The distinction can be important in negotiations and at sentencing, particularly when a defendant is also facing a probation-violation proceeding.
Can Some Sentences Run Concurrently and Others Consecutively?
Yes. A defendant with several convictions can end up with a combination of concurrent and consecutive sentences.
For example, two counts may run together while another sentence is ordered to run consecutively to them. The correct way to evaluate the outcome is to calculate the total effective sentence rather than looking at each count separately.
Why Does Concurrent Versus Consecutive Matter in a Plea Offer?
The alignment of sentences can be just as important as the number of years written beside an individual charge.
A plea involving several relatively short sentences can create substantial exposure if they are stacked. Conversely, concurrent alignment may significantly reduce the effective sentence. A defendant should understand exactly how every sentence will run before accepting a plea.
Can a Defense Lawyer Argue for Concurrent Sentencing?
Yes, when consecutive sentencing is not mandatory. The defense can argue that the statutory grounds for consecutive sentencing have not been established or that concurrent sentencing is appropriate under the facts and purposes of Tennessee sentencing law.
Mitigation, criminal history, the relationship between the offenses, rehabilitation, treatment, employment, family responsibilities, and other relevant circumstances can matter depending on the case.
How Kevin Kennedy Can Help With Sentencing
Kevin Kennedy represents people facing felony and misdemeanor sentencing in Nashville and throughout Middle Tennessee. Before becoming a defense lawyer, he served as a prosecutor and handled criminal cases from the prosecution side.
When multiple convictions or cases are involved, Kevin can calculate the potential effective sentence, identify whether consecutive sentencing is mandatory or discretionary, negotiate sentence alignment when possible, and argue for the most favorable lawful sentencing structure.
Frequently Asked Questions
Do concurrent sentences erase any convictions?
No. Concurrent sentencing changes how the sentences are served; it does not erase the underlying convictions.
Are multiple sentences automatically consecutive in Tennessee?
No. Tennessee law determines when consecutive sentencing may or must be imposed.
Can a judge make one sentence consecutive and the others concurrent?
Yes. Depending on the convictions and governing law, a sentencing structure can include both.
Does being on probation automatically make a new sentence consecutive?
Not simply because the defendant was on probation. Tennessee law treats that circumstance as a potential basis for discretionary consecutive sentencing, while other situations can require consecutive service.
Talk With a Nashville Criminal Defense Lawyer
If you are facing sentencing on multiple charges or cases, Kevin Kennedy Law Firm can review the possible sentence alignment, explain the total effective exposure, and advocate for concurrent sentencing when Tennessee law permits it.
This website is designed for general information only. It is not legal advice nor does it form a lawyer/client relationship.