When a judge announces a sentence in court, it can be easy to miss information due to the situation and environment—and some of the most important terms and their definitions are easy to miss.
This is one way your legal team is here to help—providing resources, explaining key terms and their definitions like indictment and plea deal. One phrase that often causes confusion is “concurrent vs consecutive.”
Many people have an idea about what they mean because they may have heard it on TV, but many hear it for the first time at sentencing, without realizing how much it affects the actual amount of time they or their loved one may serve.
This guide explains what concurrent and consecutive sentences mean in Kentucky, how sentencing works under state law, and why having a criminal defense attorney involved at sentencing can make a real difference.
What Does Concurrent Mean in Kentucky Sentencing?
A concurrent sentence means that multiple sentences are served at the same time. In practical terms, this usually results in less total time than serving each sentence separately.
Let’s say someone is convicted of two charges:
Charge A: 3 years
Charge B: 5 years
If the judge orders the sentences to run concurrently, the person serves both sentences at the same time. The total time served is 5 years, not 8. The shorter sentence is effectively absorbed into the longer one.
What Does Consecutive Mean in Kentucky Sentencing?
A consecutive sentence means that sentences are served one after the other. This causes sentences to “stack,” increasing the total time a person may spend in custody.
Using the same charges:
Charge A: 3 years
Charge B: 5 years
If the sentences run consecutively, the person serves the 3 years first, followed by the 5 years.
Total time served: 8 years.
This distinction—concurrent versus consecutive—can mean the difference between years of freedom.
Concurrent vs Consecutive Sentences Under Kentucky Law
Kentucky sentencing rules are governed in part by
Kentucky Revised Statutes (KRS) 532.110, which addresses concurrent and consecutive terms of imprisonment.
Under Kentucky law, judges generally have discretion to decide whether sentences run concurrently or consecutively. Some offenses or sentencing situations require consecutive time by statute. Probation revocations, parole violations, and multiple cases across courts can complicate how sentences are structured.
This is a time in sentencing where advocacy matters. Many people face more than one charge at the same time, either from a single incident with multiple counts or separate cases resolved together, including new charges while already on probation or parole.
In these situations, the court must decide how the sentences interact.
A defense attorney can argue that sentences should avoid unnecessary time served that exceeds proportional punishment. With advocacy, multiple sentences may be grouped under a single sentencing structure or be made to run concurrently instead of consecutively.
Concurrent vs Consecutive Sentences in Probation Revocations
Probation revocations are a common area of confusion. When it comes to sentencing. If someone is on probation for one case and is later convicted of a new offense, the judge may decide whether the revoked sentence runs concurrently with the new sentence or consecutively, adding additional time.
If a person is on felony probation and commits a new felony, the law often requires the new sentence to run consecutively to the old one. If probation is revoked due to a new conviction, the judge can order the original suspended sentence to be served back-to-back with the new sentence, increasing total time.
There is some legal complexity regarding misdemeanors committed while on probation, but courts frequently retain the power to run them consecutively once probation is revoked. A judge can choose to run part of a sentence concurrently and another part consecutively. Without careful advocacy, probation revocations can dramatically increase total time spent incarcerated—even when the new offense is relatively minor.
Why Understanding Concurrent vs Consecutive Sentences Matters
Two people can receive the same individual sentence lengths for the same infraction—and end up serving dramatically different amounts of time. Understanding the difference between concurrent and consecutive sentencing helps you make smarter decisions during plea negotiations.
If you or a loved one is facing sentencing in Kentucky, it’s critical to understand how concurrent vs consecutive sentences may apply to your case.
We Answer Your Questions at JPS Law
If you have questions about sentencing, probation revocation, or plea options in Lexington or anywhere in Kentucky,
contact JPS Law to discuss your situation.
Disclaimer: Every case is unique. This content is for general informational purposes only and does not constitute legal advice. Consult a legal professional like our team at JPS Law regarding your specific situation.
