Understanding the New York Criminal Case Against Former President Trump

Jury finds Trump guilty on all 34 felony counts.

By , Attorney ● Mitchell Hamline School of Law
Updated 7/03/2024

A jury found Former President Donald Trump guilty on all 34 felony counts in the New York "hush-money" criminal case. He's the first former U.S. President to be convicted of a crime.

In the People of New York v. Trump, Trump faced charges of falsifying business records—records used to cover up hush-money payments made to Stormy Daniels during his first presidential campaign.

The New York criminal case against former President Donald Trump started on April 15, 2024. The six-week trial went to the jury on May 29, and after 10 to 12 hours of deliberation, the jury reached its verdict. The judge scheduled Trump's sentencing hearing for July 11, which has now been pushed back to September.

What Was Trump Convicted of in New York?

In the "hush-money" case, Trump was convicted of 34 felony counts of falsifying business records.

The "Hush-Money" Convictions: Falsifying Business Records

It's a crime in New York to make false statements in business records with the intent to defraud. It can be a misdemeanor or a felony, depending on the circumstances.

Prosecutors alleged, and the jury found that, Trump and others falsely recorded hush-money payments as "legal fees" to cover up an alleged affair and prevent that information from leaking to the press. Each count represents a check, invoice, and ledger entry that was falsified.

Penalties for Falsifying Business Records

Falsifying business records is a Class A misdemeanor in New York. But the crime becomes a felony if the defendant made the false statements (or omissions) with the intent to commit, conceal, or aid another crime. In that situation, the crime becomes a Class E felony with a possible penalty of one to four years in prison.

Prosecutors alleged Trump and others made the false business entries with the intent of committing, aiding, or concealing election law crimes. New York law makes it a crime to influence an election to public offense by unlawful means. Here, Trump's lawyer made the hush-money payments to keep Stormy Daniels quiet and increase Trump's chances of winning the 2016 presidential election.

(N.Y. Penal Law §§ 70.00, 70.25, 175.10.)

Could Trump Face Jail or Prison Time in New York?

There's a chance Trump could spend some time behind bars. The punishment for a Class E felony is one to four years in prison. It's New York's lowest felony level. Trump was convicted of 34 Class E felonies, but even that doesn't mean the judge will sentence him to prison.

Multiple offenses. When sentencing a defendant for more than one offense, a judge can order the sentences to run concurrently (at the same time) or consecutively (one after another). There's a good chance the judge would order Trump's sentences to run concurrently, in which case Trump could be looking at a maximum four-year sentence.

Probation or prison. The judge would then decide whether to order Trump to serve the sentence behind bars or order a sentencing alternative, like probation. Probation or another sentencing alternative would allow Trump to serve most or all of the sentence in the community while obeying certain conditions. Violating these conditions could mean prison time.

Overall, many factors go into a judge's sentencing decision, such as the circumstances of the offense and the defendant's age and criminal history (or lack of one).

(N.Y. Penal Law §§ 65.00, 70.25.)

What Happens Next in the New York Case Against Trump?

After the jury verdict, the judge released Trump on his own recognizance pending his sentencing hearing, initially set for July 11. That date has now been pushed back to September. Trump's lawyers asked the court to postpone sentencing. They plan to file a motion to set aside Trump's conviction based on the Supreme Court's immunity ruling in the January 6th case. The New York judge plans to rule on this new motion in early September.

Additional Information on Sentencing and Appeals

Check out these articles for general information on how sentencing and appeals work in criminal cases: