Will Trump Go to Prison if He Is Convicted? – The New York Times
Trump Hush-Money Trial
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The former president faces dozens of felony charges stemming from hush-money payments to a porn star. He would undoubtedly appeal any conviction, and the presiding judge has leeway on sentencing.
Ben Protess, Kate Christobek and
The 34 charges Donald J. Trump is facing in a Manhattan courtroom are for falsifying business records tied to a hush-money payment to a porn star, Stormy Daniels. All are Class E felonies, the lowest category of felonies in New York, and each count carries a maximum prison sentence of four years.
The judge presiding over Mr. Trump’s trial, Juan M. Merchan, has made it clear that he takes white-collar crime seriously and could throw Mr. Trump behind bars. If the former president were to be convicted of more than one count, it is likely that Justice Merchan would impose a concurrent sentence, under which Mr. Trump would serve all prison time simultaneously.
However, nothing in the law requires Justice Merchan to imprison Mr. Trump, who is again the presumptive Republican presidential nominee, if he is convicted by a jury. The judge could instead sentence him to probation.
Further, if Mr. Trump is convicted, he will undoubtedly appeal, a process that could take months or longer.
Mr. Trump could first take the case to the Appellate Division in Manhattan, and, ultimately seek review from the state’s highest court, the Court of Appeals in Albany.
In other words, any appeal is unlikely to be resolved before Election Day. And he would most likely remain free at least until the appeal is resolved.
Ben Protess is an investigative reporter at The Times, writing about public corruption. He has been covering the various criminal investigations into former President Trump and his allies. More about Ben Protess
Kate Christobek is a reporter covering the civil and criminal cases against former president Donald J. Trump for The Times. More about Kate Christobek
Jonah E. Bromwich covers criminal justice in New York, with a focus on the Manhattan district attorney’s office and state criminal courts in Manhattan. More about Jonah E. Bromwich
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