What to know about Donald Trump’s New York hush money case
If former President Donald Trump is convicted on all counts in his New York criminal hush money trial that begins April 15, he could theoretically face more than a decade in prison.
Unlikely Maximum Sentence for Trump
But most legal experts who spoke to [Respected News Website] said such a dramatic outcome is unlikely. Instead, he would likely be sentenced to something between probation and four years in prison. And he would probably still be out, free to campaign for president as the presumptive or actual 2024 Republican nominee, while his all-but-certain appeal was pending.
Trump faces 34 felony counts of falsifying business records to cover up a hush money payment to adult film actress Stormy Daniels. Each count carries a maximum sentence of four years.
Experts Believe Probation or Short Prison Sentence
While Trump could in principle be sentenced to serve multiple counts consecutively, several experts said that is unlikely because he has no felony criminal record and the charges don’t involve allegations of physical violence.
Trump’s Tension with Judge Juan Merchan
Trump’s sentence would be decided by Judge Juan Merchan, who has grown exasperated by the former president’s pretrial behavior. Merchan expanded a gag order this month after Trump attacked the judge’s daughter on social media over her marketing work with Democratic candidates. Merchan said Trump has a history of attacking the family members of judges and lawyers in his legal cases.
Experts Expect Sentence of Probation
“If I were representing somebody in (Trump’s) position, I would suggest to him that the judge is the one who imposes sentence and he ought to be careful.” – John Moscow, New York lawyer and former Manhattan District Attorney’s Office lawyer.
If Merchan did consider a hefty sentence, it wouldn’t be the first time he has taken a harsh view about behavior in Trump’s orbit.
Charges and Plea Bargain
Trump has pleaded not guilty to all counts in the case, which focuses on whether he falsified business records to cover up reimbursements to his former lawyer, Michael Cohen, for a $130,000 hush money payment to Daniels.
Possible Maximum Sentence
The 34 felony counts Trump faces are classified as “Class E felonies” under New York law, with a maximum penalty of four years in prison for each count. However, New York caps sentencing for Class E felonies at 20 years.
Sentencing Independence
“With a defendant who has no prior criminal record, my absolute expectation would be a sentence of probation.” – Mitchell Epner, New York lawyer with criminal law experience.
Potential Incarceration
Norman Eisen, a Brookings Institution senior fellow, believes Trump is likely to face a sentence that includes some incarceration.
Unique Sentencing for a Former President
Contemplating any jail or prison sentence takes Judge Juan Merchan into uncharted territory. Trump’s status as a former president and his Secret Service protection raise questions about equal treatment under the law. The judgment could involve ordering the former president to stay in a suitable facility with Secret Service protection.
Unlikely Immediate Prison Time
Many legal experts doubt Trump would immediately go to prison, even if convicted on all counts. The chances of him being incarcerated immediately are less than 1%. Trump’s release on bail pending appeal would be highly probable.
[Respected News Website] will continue to provide updates on Donald Trump’s New York criminal hush money trial.
