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THERE are three reasons Donald Trump will never spend a minute in jail despite being found guilty on all counts in his hush money trial, experts say.
The ex-US president, 77, was found guilty on Thursday of 34 counts of falsifying business records to cover up a payment to Stormy Daniels.
Former US President Donald Trump gestures to crowds outside Trump Tower after a jury found him guilty on all 34 counts in his criminal trial[/caption] Trump sits in the courtroom during his hush money trial at Manhattan Criminal Court[/caption] The ex-president arrives to Trump Tower on Thursday[/caption]A sentencing date was set for July 11, as Trump’s attorney confirmed the Republican nominee for president will appeal the verdict.
The class E felony crime of falsifying business records is punishable by a fine, probation, or up to four years in prison per count.
But there are three crucial reasons why Trump’s odds of lockup over his felony convictions are slim to none, according to legal experts.
First-time offenders rarely ever go to jail for non-violent, low-level felonies such as those Trump has been convicted of, they said.
Instead, in cases including Trump’s, prosecutors might try to impose a hefty fine, community service, or probation.
High-profile defence attorney and former Brooklyn prosecutor Arthur Aidala told Business Insider: “I can’t say for absolute 100 per cent certainty there can’t be jail because on the books, he can go to jail.
But, he said, “I do not see a scenario where Donald Trump spends one minute in jail”.
Another factor in Trump’s favour is that the falsifying business records offences are the first he has been convicted of.
Defence attorney and former prosecutor for the Manhattan district attorney’s office Mark Bederow explained: “In New York State and in particular New York County, it is extraordinarily rare for a 70-something-year-old man, first arrest, who was convicted of a low-level non-violent felony to be incarcerated.”
The lawyer noted there is “no comparison” to the case of Trump, who is a frontrunner in this year’s presidential election.
Experts also told NBC News that it is unlikely Trump will spend time behind bars because of factors including his age, as well as that he is a first-time, non-violent offender.
Jeremy Saland, a former Manhattan prosecutor and now a lawyer in a private practice, argued that if anyone were to be incarcerated over this type of crime, “it would be an elected official”.
Although it would shock him, he said, “for practical reasons and for reasons of allowing anger and divisiveness to fester”.
Judge Juan Merchan did threaten to jail the former president for violating his gag order during the trial, but it remains unclear whether he will face similar consequences.
The judge is known to be a “harsh sentencer” when it comes to white-collar crimes committed by wealthy, privileged, and powerful people, according to veteran New York criminal defence lawyer Ron Kuby.
Manhattan District Attorney Alvin Bragg did not reveal on Thursday what kind of sentence he will be seeking on July 11.