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Could Trump Go To Jail? What Happens If He’s Sentenced
Former President Donald Trump could soon become the first U.S. president to be convicted of a crime, and the judge in his New York criminal case could potentially sentence him to prison-an unprecedented, and unlikely, situation that would impose significant logistical complications and a political “ripple effect,” experts say.
The 12-person jury in Trump’s Manhattan hush money case began deliberations Wednesday to determine whether to acquit or convict Trump on 34 felony counts of falsifying business records, in what prosecutors say was a scheme to improve his chances of winning the 2016 election by hiding hush money payments to an adult film star who claims she had an affair with Trump.
If the jury does convict Trump, Manhattan criminal court Judge Juan Merchan will dole out his sentence-which ranges from a fine of up to $5,000 to four years in prison for each of the 34 felony counts-likely within a matter of weeks, though Trump will almost certainly appeal a conviction, which could draw out the case for months.
Given Trump’s status as a first-time offender and the nature of the charges, legal experts generally say jail time is unlikely, though Trump’s repeated violations of a gag order prohibiting him from disparaging various parties involved in the case-and the consequences of his alleged actions-could lead Merchan to impose a more severe punishment.
If the jury agrees with prosecutors that Trump’s conduct may have altered the results of the 2016 election “it’s fair to say that it should be treated differently in terms of punishment” than in a “run-of-the-mill financial fraud case,” which would typically draw no prison time for a first-time offender, former Manhattan prosecutor and criminal defense attorney Jeremy Saland told.
In New York, Class E felony sentences for offenders who have not been convicted of a felony within the past 10 years, are doled out concurrently in thirds, such as one to three years, meaning Trump would be eligible for parole after one year, Saland said.
If Trump were sentenced to a year or less, he would serve out his sentence in a city jail, such as Rikers Island, and would likely be eligible for parole after serving two-thirds of the sentence, Saland said, and if he’s sentenced to more than a year, the state Department of Corrections and Community Supervision will determine which of its 44 facilities he is sent to.
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