Donald Trump Found Guilty On All 34 Felony Counts

Sentencing Scheduled for July 11

History was made today as Donald Trump was convicted on all 34 felony counts in the trial before Justice Juan Merchan in the Manhattan Supreme Court. Here are my answers to some Frequently Asked Questions:

• What Sentence Does Donald Trump Face?

Under New York law, the sentencing range for a conviction for an E Felony (all of the convictions are E felonies) is up to 4 years. Justice Merchan has complete discretion whether to impose probation, or any sentence up to 4 years. Under NY law, the sentences must run concurrently, so the maximum sentence is 4 years, even though there were 34 convictions.

• When Is Sentencing?

  Sentencing is scheduled for July 11, 2024 in front of Justice Juan Merchan.

• What Will Happen Between Now & July 11?

The probation department will prepare a pre-sentence report. Both the prosecution and defense will submit sentencing briefs. I am confident that the defense will ask for probation. I do not know what sentence the District Attorney will seek.

• What Is The Typical Sentence For These Offenses?

In my training and experience, the typical sentence for a non-violent, non-drug, first-offender convicted of an E felony in NY is probation. There have been similar defendants sentenced to prison. My friend Diana Florence (who spent more than 25 years as an Assistant DA in Manhattan) tried and convicted many other white collar criminals in similar cases. She has been telling me (and the press) that she thinks a prison sentence is warranted and may be imposed.

• Can Justice Merchan Consider Trump’s Contempts Of Court?

Yes, Justice Merchan can consider Donald Trump’s 11 contempts of court in determining what sentence to impose. Justice Merchan can consider any factor in deciding what sentence to impose, other than forbidden categories such as race, gender, religion, etc.

In fact, Justice Merchan is required to consider the need for specific deterrence and general deterrence. “Specific deterrence” means imposing a sentence that prevents Donald Trump from committing the same crimes again. “General deterrence” means imposing a sentence that cautions the general public against committing these crimes.

• If Trump Is Sentenced To Prison, Would He Be Free Pending Appeal?

That would be up to Justice Merchan to decide. Under New York law, the trial court has the discretion to grant bail pending appeal, but also could decide against it. If Justice Merchan denies bail pending appeal, then Trump could seek relief from the Appellate Division (NY’s intermediate appeals court), but that would be reviewed for “abuse of discretion”.

• Can Trump Be Elected President?

Yes, Trump can run for and win the Presidency, even if he is in jail.

• Can Trump Vote In November?

It depends. Under Florida law, an incarcerated felon cannot vote. So if Trump is in prison, he could not vote. If Trump were not in prison (either out on bail or sentenced to probation), then Florida law imposes the disenfranchisement rule of the state of conviction. Under New York law, once Trump was released from prison, he would be eligible to vote. So, if Trump had already served his sentence by November 5, he could vote.