If Donald J. Trump is convicted on the 34 counts of falsifying business records related to a $130,000 hush money payment to Stormy Daniels, his punishment will be decided by Justice Juan M. Merchan. These charges, which are all class E felonies—the lowest category of felony in New York—each carry a potential prison sentence of up to four years. If convicted on multiple counts, the sentences would likely be served concurrently, meaning Trump would serve time for all counts simultaneously.
However, incarceration is not guaranteed. Justice Merchan could instead impose probation, requiring Trump to regularly report to New York City’s Probation Department and face immediate jail time for any further offenses. Sentencing would probably occur several weeks after a guilty verdict, but any punishment might be delayed due to Trump’s likely appeal process, which could extend beyond Election Day, potentially allowing him to remain free during the appeal.
