When a person is convicted of multiple criminal offenses, one of the most important sentencing decisions involves whether the sentences will run concurrently or consecutively. This determination can significantly affect the total period of incarceration, probation, or post-release supervision.
The attorneys at Martine Law explain how courts structure multiple sentences, helping defendants, their families, and anyone facing criminal charges better understand the potential consequences of a conviction.
What Are Concurrent and Consecutive Sentences?
A concurrent sentence allows multiple criminal sentences to be served at the same time. A consecutive sentence requires each sentence to be served separately, one after another. The distinction becomes important whenever a defendant is sentenced for multiple offenses during the same court proceeding or when a defendant already has an existing sentence.
North Carolina’s 2025 Change to Multiple Sentencing Rules
Sentencing courts derive their authority to impose concurrent or consecutive terms from N.C. Gen. Stat. § 15A-1354. When multiple sentences of imprisonment are imposed, the court must determine whether those sentences will run concurrently or consecutively.
For offenses committed on or after December 1, 2025, North Carolina no longer applies the previous default rule that multiple sentences run concurrently when a judgment is silent. Courts are now required to specify whether multiple sentences will run concurrently or consecutively in accordance with the amended statute.
As a result, defendants should not assume that multiple sentences will automatically run together. The court’s sentencing decision can significantly affect the total period of incarceration and is often a key issue during plea negotiations and sentencing hearings.
Concurrent Sentences in North Carolina
When sentences run concurrently, the defendant serves the terms at the same time rather than one after another. Although the longest sentence often determines the overall period of incarceration, the actual correctional consequences may depend on factors such as sentence type, offense classification, post-release supervision requirements, and the specific terms of the judgment.
Example of Concurrent Sentencing
| Conviction | Sentence |
|---|---|
| Felony Larceny | 12 Months |
| Possession of Stolen Goods | 18 Months |
Because the sentences run concurrently, both begin at the same time. The defendant does not serve 12 months plus 18 months. Instead, the sentences overlap, and the total period of imprisonment is generally controlled by the longer sentence. In this example, the defendant would serve an aggregate sentence of 18 months, subject to any applicable credits, release provisions, or correctional rules.
When Courts May Consider Concurrent Sentences
Judges may consider concurrent sentencing when:
- The offenses arose from the same criminal episode.
- The charges involve related conduct.
- The defendant has limited or no prior criminal history.
- The court determines that additional punishment is unnecessary to accomplish sentencing goals.
However, no defendant is automatically entitled to concurrent sentencing merely because offenses occurred during the same incident.
Consecutive Sentences in North Carolina
A consecutive sentence requires each sentence to be served separately. Once one sentence ends, the next sentence begins. This structure generally increases the total period of incarceration and may extend the overall period of correctional supervision.
Example of Consecutive Sentencing
| Conviction | Sentence |
|---|---|
| Breaking or Entering | 20 Months |
| Felony Larceny | 10 Months |
Because the sentences run consecutively, the defendant must complete one sentence before beginning the next. The individual terms are added together for the purposes of calculating the aggregate sentence. In this example, the defendant would serve 30 months total (20 months + 10 months), subject to any applicable credits, release provisions, or correctional rules.
Why Courts Impose Consecutive Sentences
Judges commonly consider factors such as…
- Multiple victims were harmed.
- The offenses occurred on separate occasions.
- The crimes demonstrate escalating criminal conduct.
- The defendant has a significant prior criminal record.
- The court believes additional punishment is necessary to protect the public.
These factors are not exclusive, and judges may consider the specific facts and circumstances of each case when determining whether multiple sentences should run concurrently or consecutively.
How Plea Agreements Affect Sentences
Many criminal cases are resolved through negotiated plea agreements rather than trials. During plea negotiations, prosecutors and defense attorneys may discuss not only the charges involved but also how any resulting sentences should be structured.
In some cases, a plea agreement may include a recommendation that multiple sentences run concurrently. In others, the State may seek consecutive sentences as part of the negotiated resolution. However, even when the parties reach an agreement, the court generally must approve the plea arrangement before it becomes effective.
Defendants should also understand that entering a guilty plea does not automatically guarantee concurrent sentencing. Unless the plea agreement contains specific sentencing provisions accepted by the court, the sentencing judge typically retains discretion to determine whether sentences will run concurrently or consecutively. As a result, the potential sentence structure should be carefully evaluated before accepting any plea offer.
Appeals and Overturned Convictions
The relationship between concurrent and consecutive sentences can become more complicated when a conviction is appealed. If an appellate court overturns one conviction while leaving others intact, the remaining sentences do not automatically disappear.
Depending on the appellate decision and the language of the original judgment, the court may leave the remaining sentences unchanged, order a new sentencing hearing, or remand the case for further proceedings. In some situations, the removal of one conviction may affect the overall sentencing structure, particularly when multiple offenses were sentenced together.
Defendants may also challenge certain sentencing issues on appeal, although appellate review is generally limited to specific legal errors. Whether a sentence can be modified depends on the facts of the case, the issues raised, and the applicable appellate rules.
How Structured Sentencing Affects Multiple Sentences
The state operates under a Structured Sentencing system. Each offense receives a sentence based on:
- The offense class.
- The defendant’s prior record level.
- Aggravating, mitigating, or presumptive sentencing factors.
After determining the sentence for each offense, the court then decides whether the sentences will run concurrently or consecutively. As a result, the decision regarding sentence structure can substantially increase or decrease the defendant’s total exposure even when the individual sentence lengths remain unchanged.
Why Sentencing Structure Matters
The difference between concurrent and consecutive sentencing can amount to months or even years of additional incarceration. For defendants facing multiple criminal charges, sentencing arguments often focus not only on the length of each sentence but also on whether those sentences should run concurrently or consecutively. Effective advocacy at sentencing can therefore have a substantial impact on the overall outcome of a case.
How Sentencing Structure Can Shape Your Future
The difference between concurrent and consecutive sentences can significantly affect the total time a person spends in jail or prison after a criminal conviction. While judges often have discretion to determine how multiple sentences will be served, the outcome depends on the facts of the case, the defendant’s criminal history, and the arguments presented at sentencing.
Martine Law represents individuals charged with misdemeanors and felonies. If you have questions about sentencing, plea negotiations, or your defense options, call +1 (704) 842-3411 today for a FREE case evaluation and learn how our team can help you move forward with confidence.
FAQs
Are concurrent sentences available for both misdemeanors and felonies?
Yes, courts may impose concurrent sentences for misdemeanor convictions, felony convictions, or a combination of both, unless a statute requires a different sentencing arrangement.
Do federal and North Carolina state sentences always run together?
No. State and federal sentences do not automatically run concurrently. Whether they are served concurrently or consecutively depends on the sentencing orders entered by the state and federal courts, applicable federal and state law, and how the respective correctional authorities administer the sentences.
Can a judge change a sentencing recommendation made by the parties?
Yes. Even when prosecutors and defense attorneys agree on a recommended sentencing structure, the court is generally not required to accept that recommendation. The judge may approve, reject, or modify the proposed sentence in accordance with the law.
What G.S. 15A-1354 actually says
The controlling statute is N.C.G.S. 15A-1354, and two things in it are worth knowing precisely.
The court decides, and it must say why
Subsection (a) provides that when multiple sentences are imposed at the same time, or when a sentence is imposed on someone already serving an undischarged term, including a term in another jurisdiction, the sentences “may run either concurrently or consecutively, as determined by the court.”
There is no substantive limit on that choice. But there is a procedural one that is easy to overlook and worth holding the court to: the court shall make a finding on the record stating the reasoning for its determination. A consecutive sentence imposed without a stated reason is not a discretionary decision that has been properly made. That is a record worth building at sentencing and worth reviewing afterward.
Consecutive sentences are aggregated, and the total is reduced
Subsection (b) is the part almost no one explains, and it changes the arithmetic. The Division of Prisons does not administer consecutive sentences as separate stacked terms. It treats them as a single commitment:
| Component | How it is calculated |
|---|---|
| Minimum | The sum of all the minimum terms. |
| Maximum | The sum of all the maximum terms, then reduced. |
The reductions applied to the aggregate maximum are:
- 12 months for each second and subsequent Class B through E felony sentence.
- 60 months for certain sentences imposed under G.S. 15A-1340.17(f).
- 9 months for each second and subsequent Class F through I felony sentence.
This is why the number people calculate at home by adding maximums together is usually wrong, and always wrong in the harsher direction. Stacking three Class H sentences does not produce the sum of their three maximums.
Why this is one of the highest leverage moments in a case
Whether sentences run concurrently or consecutively frequently moves more actual time than the class of the offense does. Two Class H felonies run concurrently and two run consecutively are the same convictions and materially different sentences. It is a discretionary call, made once, at a hearing, and it is argued rather than calculated. Consolidation of offenses into a single judgment is the related lever, and both are decided in the same moment.
Frequently asked questions about concurrent and consecutive sentences in NC
What is the difference between concurrent and consecutive sentences?
Concurrent sentences are served at the same time, so the total is driven by the longest one. Consecutive sentences are served one after another, so they add together. In North Carolina the court decides which applies under G.S. 15A-1354(a).
Does North Carolina add consecutive sentences together exactly?
No. Under G.S. 15A-1354(b) the Division of Prisons aggregates them into one commitment and reduces the total maximum: 12 months for each second and subsequent Class B through E felony, 9 months for each second and subsequent Class F through I felony, and 60 months for certain G.S. 15A-1340.17(f) sentences. The minimums are simply added.
Can a judge run a North Carolina sentence consecutive to a sentence in another state?
Yes. G.S. 15A-1354(a) expressly covers a person already subject to an undischarged term of imprisonment “in another jurisdiction.”
Does the judge have to explain a consecutive sentence in NC?
Yes. G.S. 15A-1354(a) requires the court to make a finding on the record stating the reasoning for its determination.
Is consecutive or concurrent better?
Concurrent is almost always better for the defendant, because the sentences overlap instead of stacking. Arguing for concurrent sentences, or for consolidating multiple offenses into a single judgment, is one of the most valuable things done at a sentencing hearing.
Who decides concurrent versus consecutive in North Carolina?
The sentencing judge, as a matter of discretion under G.S. 15A-1354(a). It is not set by the offense class or by statute, which is precisely why it is worth arguing.
Facing sentencing on multiple charges in North Carolina? Call Martine Law at (704) 461-9488 for a free consultation, 24/7.
