- Concurrent:same time.
- Consecutive:stacked, more time.
- Default:often presumed concurrent.
- Decided:at sentencing.
When someone is sentenced on more than one offense, the sentences can run concurrently (at the same time) or consecutively (one after another) — and which one applies can mean the difference between years. Minnesota generally presumes concurrent sentencing, with consecutive sentences permitted or required only in specific situations. Because stacking sentences can multiply prison time, this is one of the highest-stakes questions when multiple counts or cases are involved. Here's how it works.
The Basic Difference
- Concurrent sentences run at the same time. Two three-year sentences served concurrently mean three years total.
- Consecutive sentences run one after the other. Two three-year sentences served consecutively mean six years total.
What this means for you: With multiple counts or cases, whether the sentences stack or overlap can dramatically change the actual time served. It's often where the real exposure in a multi-count case lies.
Minnesota Presumes Concurrent
As a general rule, Minnesota sentencing presumes that multiple sentences run concurrently. Consecutive sentencing is the exception — it is either permissive (allowed in certain circumstances) or presumptive/mandatory (required for certain offenses or combinations) under the Guidelines and statutes.
What this means for you: The starting point favors concurrent time. Consecutive sentencing has to fit a recognized basis, which means it can be contested when the prosecution seeks it.
When Consecutive Sentencing Applies
Consecutive sentences generally come up in defined situations, such as:
- Certain offenses against multiple victims;
- Specific enumerated offenses for which the Guidelines authorize or presume consecutive sentencing;
- Offenses committed while already incarcerated or under certain forms of supervision;
- Other circumstances identified by statute or the Guidelines.
The Single Behavioral Incident Limit
An important related concept: Minnesota generally limits multiple sentences for offenses that are part of a single behavioral incident. When several charges arise from one continuous course of conduct, the law may bar punishing them separately — which interacts directly with whether sentences can be stacked. This is a frequent and powerful point of challenge in multi-count cases.
What this means for you: If multiple charges really stem from one incident, the defense may be able to limit the sentences to a single punishment, defeating an attempt to run them consecutively.
Why This Is Worth Fighting Over
Because consecutive sentencing multiplies exposure, contesting it — by invoking the concurrent presumption, the single-behavioral-incident rule, or by disputing that a consecutive category applies — can have an enormous effect on the outcome. In a multi-count case, this issue is often where the most time is won or lost.
How This Connects to the Rest of Sentencing
Concurrent/consecutive decisions sit on top of the presumptive sentence for each count, interact with the single behavioral incident rule, and can be affected by mandatory minimums. Together they determine the total sentence in a multi-count or multi-case situation.
Updated May 18, 2026 · Law verified as of June 17, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
What's the difference between concurrent and consecutive sentences?
Concurrent sentences run at the same time; consecutive sentences run one after another. Consecutive sentencing increases the total time served.
Which is the default in Minnesota?
Concurrent. Minnesota generally presumes multiple sentences run concurrently, with consecutive sentencing allowed or required only in specific circumstances.
When can sentences run consecutively?
In defined situations — certain multiple-victim offenses, specific enumerated crimes, offenses committed while incarcerated or under supervision, and other categories set by the Guidelines and statutes. The exact rules should be confirmed against current law.
What is the single behavioral incident rule?
A limit that generally bars multiple punishments for offenses arising from one continuous course of conduct, which can prevent charges from being sentenced separately or stacked consecutively.
Why does this matter so much?
Because consecutive sentencing multiplies exposure. In a multi-count case, whether sentences stack or overlap is often where the most prison time is won or lost.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.