UPDATE (Jan. 10, 2025, 10:14 a.m. ET): Judge Juan Merchan on Friday sentenced President-elect Donald Trump to unconditional discharge in his New York hush money case.
Judge Juan Merchan signaled he could sentence Donald Trump on Friday to an “unconditional discharge,” which Manhattan District Attorney Alvin Bragg’s office said it doesn’t oppose.
Here’s what that sentence means, plus some examples of other New York defendants who received it in the past.
Under New York state law, it’s a sentence imposed “without imprisonment, fine or probation supervision.” According to the law, such a sentence can be appropriate when the judge “is of the opinion that no proper purpose would be served by imposing any condition upon the defendant’s release.”
Essentially, it’s a way to wrap up the hush money case without Merchan having to jail Trump or provide any other sort of punishment that could interfere with his return to the White House.
The president-elect was found guilty at trial last year of 34 counts of falsifying business records in the first degree. That charge is what’s called an “E” level felony in New York — the lowest-level felony — which doesn’t mandate incarceration.
Here are some other New York state cases where people were sentenced to unconditional discharges, in cases running the gamut of relatively low-level offenses according to the law:
- A lawyer who pleaded guilty to falsifying business records in the second degree (the misdemeanor version of what Trump was found guilty of), after being charged with submitting payment vouchers containing false statements or false information.
- A lawyer who failed to pay taxes.
- A lawyer who pleaded guilty to misdemeanor official misconduct.
- Refusing to submit to field sobriety testing in a drunk driving case.
- Marijuana-related convictions.
- Attempted criminal possession of a weapon in the fourth degree and attempted possession of ammunition.
- Speeding.
- Submitting a false time sheet.
- Trespassing.
- Failing to maintain proper license plates.
This is not an exhaustive list of every New York defendant who has ever received an unconditional discharge, and each case raises its own unique issues. But it underscores that judges have found it appropriate to cover a wide range of conduct. If Merchan gives Trump that same sentence, the president-elect’s hush money case will join that diverse list.
And it won’t be surprising if any lawyer whose client’s conduct is arguably equal to or less severe than Trump’s argues that their client should similarly receive that sentence. Nor will it be surprising if such efforts fail in light of the special protections we’ve seen afforded Trump due to his status as a former and now incoming president.
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