Former President Donald Trump faces 34 felony counts in his hush money trial and each count carries up to a four-year prison sentence.
That means, if the 12 Manhattan jurors now deliberating find him guilty of trying to conceal the $130,000 funneled to porn star Stormy Daniels, Mr. Trump could face up to 136 years in prison, though four years in prison in the more likely event with him sentenced to serve them concurrently.
But don’t expect Mr. Trump to be hauled out of the courtroom in handcuffs after a guilty verdict is read.
The ex-president and current presumptive GOP presidential nominee will face sentencing later, perhaps months later, depending on how long it takes to compile a pre-sentencing investigation and report for Judge Juan Merchan.
The pre-sentence report may not be ready until July at the earliest. It would help Judge Merchan determine the former president’s punishment and whether to sentence him to prison.
Probation officers write the sentencing report by first interviewing the defendant, talking to the defendant’s family and talking to victims of the crime committed by the defendant.
It’s not clear who the victims are in Mr. Trump’s case or whether a victim impact statement would be included in the report.
The New York State court system describes the pre-sentence report as “a chance for the defendant’s lawyer to say good things about the defendant, like that the defendant is in a counseling program or has a steady job and takes care of an ailing family member.”
The report will also make a sentencing recommendation.
Some prosecutors believe Judge Merchan will sentence Mr. Trump to prison to demonstrate that nobody is above the law. Trump allies and critics of the trial believe the case is aimed at derailing Mr. Trump’s political campaign to help President Biden win a second term, so jail time is more likely.
A prison sentence that could come as early as this summer could pull Mr. Trump off the campaign trail, although he would likely be free on bond pending the appeal of his guilty verdict, say legal experts.
Some legal scholars say Mr. Trump is unlikely to face a prison sentence in the case, in part, because he’s charged with the least-serious class of felonies and Judge Merchan has already shown a reluctance to jail Mr. Trump for violating his gag order numerous times.
Mr. Trump would also be considered a first-time offender, even though he’s facing more than 50 criminal charges in three other cases.
“Logistically, it would be a nightmare to sentence Trump to Rikers Island or New York State prison with Secret Service protection,” former federal prosecutor Neama Rahmani told The Washington Times. “I think it’s unlikely Trump is remanded or sentenced to any jail or prison time.”
• Susan Ferrechio can be reached at sferrechio@washingtontimes.com.