Consecutive vs. Concurrent: What’s the Difference?

9 Dec, 22

• in Legal Info

After a trial, one of the biggest questions on everyone’s mind is about the sentence. If someone is convicted on multiple charges, how is the time served? Do the sentences for each charge run at the same time, or do they stack up one after the other? The answer lies in the difference between concurrent and consecutive sentencing. This single decision from a judge can mean the difference between serving five years or twenty. To help you make sense of what’s happening, we’re explaining these terms in plain English, so you can be more informed during a stressful and confusing time.

A lot of legal jargon tends to sound very similar, leading to confusion when either those on trial or those reading about the trial hear or see these legal terms in print. Take consecutive and concurrent, for example. These two words are very close in meaning, which is confusing for anyone who isn’t a lawyer or a judge. To get a better understanding of what it means to serve consecutive or concurrent sentences, an explanation follows.

What Does ‘Consecutive’ Mean?

When you’re trying to make sense of legal proceedings, the language used can often feel like a barrier. The word “consecutive” is a perfect example. It sounds simple enough, but in a legal context, its meaning has significant consequences for everyone involved. Understanding this term is the first step to grasping how sentences can be structured and what that means for the future. Let’s break down what “consecutive” really means, both in everyday life and inside the courtroom.

General Definition and Usage

In short, “consecutive” means that things happen one after another, in an unbroken sequence. Think of it like watching three episodes of your favorite show back-to-back; you watch them in order, one right after the other, without starting the next one until the previous one is finished. When events are consecutive, they follow a specific, uninterrupted order. There are no gaps or overlaps. This concept of a continuous series is key, especially when discussing multiple prison sentences, as it dictates that they must be served one at a time until all are complete.

Common Examples

You probably use or hear this word more often than you realize. Here are a few everyday examples that highlight its meaning:

• “This is the fifth consecutive weekend I’ve had to work.” (Meaning: Five weekends in a row without a break.)
• “The team celebrated winning its sixth consecutive game.” (Meaning: Six wins in a row.)
• “Interest rates have fallen for the third consecutive month.” (Meaning: Three months straight of falling rates.)

Word Details and Grammar

“Consecutive” is an adjective, which is just a formal way of saying it’s a word that describes something—in this case, a series of events, numbers, or sentences. It modifies a noun to show that it is part of a sequence. The adverb form, “consecutively,” is used to describe an action that happens in a sequence. For example, you could say, “He served his two sentences consecutively,” which means he finished the first one completely before starting the second one. This distinction is vital for understanding the total time commitment of a sentence.

Other Forms of the Word

The word can also change its form depending on how it’s used in a sentence. You might see “consecutively” (the adverb, describing an action) or “consecutiveness” (the noun, referring to the state of being in a sequence).

Words with the Opposite Meaning

The most important word to contrast with “consecutive” is “concurrent.” While consecutive things happen one after the other, concurrent things happen at the same time. This distinction is crucial in legal sentencing, as it determines the total length of time someone will spend incarcerated.

Origin of the Word

For anyone who loves a bit of trivia, the word “consecutive” has been part of the English language since the early 1600s. It comes from older French and Latin words that simply mean “to follow,” which perfectly captures its modern definition.

Synonyms for Consecutive

You might hear other words used to express the same idea as “consecutive.” Synonyms like “successive,” “sequential,” “back-to-back,” and “straight” all convey a similar meaning of following in a sequence. Whether a sentence is described as consecutive or successive, the outcome is the same: one sentence begins only after the previous one has ended. Getting clarity on terms like these is a critical part of the legal process. If you or a loved one needs help with the first step after an arrest, understanding the bail bonds process is just as important.

What Does a Concurrent Sentence Mean?

To serve prison sentences concurrently means that you are serving two or more prison sentences simultaneously. In fact, a concurrent prison sentence is ideal from the standpoint that once you are done with the time required to serve one sentence, you have actually served all the time for all of your sentences. While it isn’t ideal to spend any time in prison, concurrent sentences are much more favorable than consecutive sentences. The concurrently definition clearly defines this situation as “existing, happening, or done at the same time.” When your lawyer discusses the possibility of concurrent sentences, argue first for your freedom and then for concurrent sentences to avoid the more negative and unpleasant consecutive sentences. It will be an easier pill to swallow, so to speak.

Concurrent vs. Consecutive: What’s the Difference?

As previously mentioned, concurrent means you are serving multiple sentences simultaneously. Consecutive sentences are much harsher as you have to serve multiple sentences one after the other. Even once you finish one sentence of “x” number of years, you still have to serve the remaining sentences the judge told you you had to serve. For example, if you are sentenced to serve eleven years, fourteen years, eight years, and twenty-two years, you have to serve each of these sentences one right after the other when the judge orders consecutive sentences. IF there is a possibility of parole at some point, you may not have to serve the remaining sentences, but that is only if you manage to make parole. Most convictions involving consecutive sentences represent some of the most terrible or horrible crimes, which is why the judge chose consecutive sentences instead of concurrent sentencing. The consecutive definition is “following continuously in unbroken or logical sequence”. Ergo, whatever order the judge chooses for your consecutive sentences is the order in which you have to serve them. It might be from least number of years to greatest, greatest number of years to least, or a mix of the two depending on which crimes the judge places the greatest importance. It is very difficult to get these sentences reduced too, so your lawyer will have to work doubly hard for an acquittal or a reduction in your sentence.

Are There Exceptions to Consecutive Sentencing?

Sometimes your lawyer can argue for concurrent sentencing even when it is atypical for a judge to hand down concurrent sentences for the crimes involved. These extraordinary circumstances often involve mental defect, an argument for cruel and unusual punishment, physical illness likely to result in death, advanced age (such that the convicted person can’t serve consecutive terms), or another acceptable and pressing reason that consecutive prison sentences would not be feasible. It is very difficult to argue for these exceptions however. Even if a jury agrees, the judge may overturn such things or change the sentencing on a whim. Ultimately the sentencing is up to the judge, which is why lawyers cannot fully predict the outcome of a trial. A lawyer can only do his or her best to seek out the best possible sentence if it’s apparent that an acquittal is not possible. For that, you definitely want concurrent sentencing, but it may only happen in a plea bargain if and when a plea bargain is offered by the district attorney’s office. Your lawyer has to poke around to see if such a bargaining chip is on the table, and even then there are a number of factors at play.

Frequently Asked Questions

What’s the easiest way to remember the difference between concurrent and consecutive sentences? Think of it this way: consecutive sentences are served back-to-back, meaning you finish one completely before the next one begins. Concurrent sentences are served at the same time, so the clock for multiple sentences runs simultaneously. Essentially, with consecutive sentences, the total time is added up, while with concurrent sentences, you serve the length of the longest single sentence.

Which type of sentence is more favorable for the defendant? A concurrent sentence is always the more favorable outcome. Because the sentences are served at the same time, the total amount of time spent incarcerated is significantly less than it would be with consecutive sentences. Your lawyer will typically argue for concurrent sentencing if an acquittal or dismissal isn’t possible.

Who decides if sentences are served concurrently or consecutively? The final decision rests with the judge. During sentencing, the prosecution and defense will present their arguments, but the judge has the ultimate authority to determine how the sentences will be served. This decision is based on the nature of the crimes, the defendant’s history, and other factors presented during the trial.

If someone is given consecutive sentences, can that decision be changed? It is very difficult to change a consecutive sentence to a concurrent one after the fact. A defense attorney can argue for an exception based on extraordinary circumstances, such as a defendant’s severe health issues or advanced age. However, these arguments are rarely successful, as the initial sentencing decision is typically considered final.

Can you give a real-world example of how this works? Of course. Imagine a person is convicted on two charges and receives a sentence of three years for the first and ten years for the second. If the sentences are consecutive, they would serve the three-year sentence and then the ten-year sentence, for a total of 13 years. If the sentences are concurrent, they would serve both at the same time, meaning their total time served would be ten years.

Key Takeaways

• Consecutive sentences are served one after another, while concurrent sentences are served at the same time. This is the fundamental difference that determines the total length of incarceration when facing multiple charges.
• The structure of a sentence directly impacts the total time spent in prison. Concurrent sentences are more favorable because the terms overlap, meaning the total time served is equal to the longest single sentence, not the sum of all of them.
• A judge has the final authority to decide how sentences are served. While a lawyer can argue for concurrent sentencing, the judge makes the ultimate decision based on the severity of the crimes and other case-specific factors.

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