Former President Donald Trump pleaded not guilty in New York City on Tuesday to 34 counts of falsifying business records in the first degree. The charges carry a maximum sentence of 136 years in prison, though the actual sentence will likely be far less than that if he is convicted on any or all counts.
Falsifying business records is typically a misdemeanor charge in New York but rises to the level of a felony with a maximum four-year sentence when a defendant’s “intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.”
Manhattan District Attorney Alvin Bragg was asked by reporters at a press conference on Tuesday afternoon why the second concealed crime was not specified in the indictment.
“Let me say as an initial matter that the indictment doesn’t specify it because the law does not so require. In my remarks, I mentioned a couple of laws which I will highlight again now,” Bragg said. “The first is New York state election law, which makes it a crime to conspire to promote a candidacy by unlawful means. I further indicated a number of unlawful means, including additional false statements, including statements that were planned to be made to tax authorities. I also noted the federal election law cap on contribution limits.”
The falsification counts in the Trump case are deemed felonies, an elevation from the usual misdemeanors for such crimes. However, the charges are all Class E felonies — the lowest category of felony offense under New York law, which carry a maximum prison sentence of four years per count.
All of which means Trump could be facing 136 years behind bars if found guilty on all counts for the criminal concealment. More realistically, if found guilty, the 76-year-old ex-POTUS would receive a much shorter sentence, after all the appeals are exhausted.
