When a person is sentenced on more than one count or more than one case, whether the sentences run concurrently (at the same time) or consecutively (one after another) can matter as much as the length of each sentence. In Missouri, the default is concurrent, but there are important exceptions.
This guide explains concurrent and consecutive sentences under RSMo 558.026 as currently in effect, the offenses that require consecutive sentences, how other statutes add mandatory consecutive terms, and how this plays into negotiations. A revised version of the statute takes effect January 1, 2028.
The default
Do Missouri sentences run concurrently or consecutively?
Concurrently, unless the judge says otherwise or a statute requires consecutive sentences.
Under RSMo 558.026.1, multiple sentences of imprisonment run concurrently unless the court specifies that they run consecutively. A judge who wants consecutive sentences must say so.
The statute makes an exception for multiple sentences involving first degree rape, first degree statutory rape, first degree sodomy, first degree statutory sodomy, the older forcible rape and sodomy offenses, and attempts to commit them. Those sentences must run consecutively to the other sentences.
Mandatory stacking
Which Missouri charges require consecutive sentences?
Several statutes require their own sentence to run on top of others.
Armed criminal action
The sentence for armed criminal action under RSMo 571.015 must be in addition to and consecutive to the sentence for the underlying felony.
Listed sex offenses
Under RSMo 558.026.1, sentences for the listed rape and sodomy offenses run consecutively to other sentences.
Offenses while on probation or parole
When a person on probation, parole, or conditional release is sentenced for a new offense, the court must specify how the new sentence runs with any revocation term.
Other statutes
Some offense statutes contain their own consecutive-sentence requirements. The specific charges always need to be checked.
Other systems
Can a Missouri sentence run with a federal or out-of-state sentence?
Yes, if the Missouri judge orders it.
Under RSMo 558.026.3, a Missouri court may order its sentence to run concurrently with a sentence the person is serving or will serve in another state or in federal custody. When a person has both a state and a federal case, which sentence is imposed first, where the person is held, and what each judge orders can determine whether the time overlaps at all.
Coordinating state and federal cases is often one of the most consequential and overlooked parts of a defense.
See federal vs. state charges and jail time credit in Missouri.
Negotiation
Why do concurrent sentences matter in a plea deal?
Because they change the real length of a sentence.
Two five-year sentences served concurrently is a five-year sentence. Served consecutively, it is ten years. When a person faces multiple counts or cases, an agreement that sentences run concurrently, or that some counts are dismissed, is often worth as much as a reduction on any single count.
How sentences run also affects parole eligibility and jail time credit, so both should be understood before any agreement.
FAQ
Concurrent and consecutive sentence questions
What does running concurrent mean?
The sentences are served at the same time. A five-year and a three-year sentence running concurrently means five years in total, before credits and parole.
Are Missouri sentences concurrent by default?
Yes. Under RSMo 558.026, multiple sentences run concurrently unless the court specifies otherwise or a statute requires consecutive sentences.
Can a judge make sentences consecutive in Missouri?
Yes. The judge has discretion to order consecutive sentences in most cases, and some statutes require them.
Can my state and federal sentences run at the same time?
They can, if the courts order it and the custody is arranged correctly. A Missouri judge may run a sentence concurrently with a federal sentence, but coordination between the cases is essential.
Is armed criminal action always consecutive?
Yes. RSMo 571.015 requires the armed criminal action sentence to run consecutively to the sentence for the underlying felony.
See our criminal defense page, or call 573-638-8529.
Talk to us
Multiple charges need a single plan.
If you are facing more than one case or count in Missouri, call to talk through how the sentences could fit together.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri sentencing law as of October 2026, not legal advice, and it does not create an attorney-client relationship. RSMo 558.026 is scheduled to change effective January 1, 2028.
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