Former President Trump could be facing up to 136 years in prison if convicted on all of the 34 counts of falsifying a company document, depending on how the judge rules — though the more probable limit is four years or less.
According to New York State legislation, Trump is charged with a “Class E” felony, which brings a maximum penalty of four years in prison.
“A person is considered guilty of falsifying company documents in the first degree if he commits falsifying company documents in the second degree and if his intention to defraud involves an intent to commit another offense or to aid in or hide the commission of a different crime,” states the law.
“First-degree falsification of business records is a class E felony.”
The highest penalty in New York is four years, according to the courts:
“Felonies are actually the most serious offenses, such as rape, murder, and arson. If you are proven guilty of a felony, you could face a year in prison. The Judge could sentence you to a shorter stay in prison and probation for the remainder of your term. Felonies are classified into four categories depending on their severity: A-I or A-II, B, C, D, and E. Unless it is a narcotic crime, the maximum penalty for a Class A-I or a A-II felony is life in prison. A Class B crime carries a maximum sentence of 25 years in prison. A Class C crime carries a maximum sentence of 15 years in prison. A Class D crime carries a maximum sentence of seven years in prison. A Class E crime carries a maximum sentence of four years in prison.”
A court could order that the sentences be completed consecutively under New York State sentencing standards. If the court does not require it, the penalties must run simultaneously under New York penal guidelines.
“When a person receives more than one term of imprisonment for multiple crimes carried out through a single action or omission, or through an action or neglect that in and of itself established one of the crimes and also was an essential component of the other, each of the sentences, except if any one of such sentences is for an offense in violation of section 270.20 of this section [unlawful wearing of a body vest], must be served concurrently.”
According to the New York Post, Trump is unlikely to receive the highest punishment. However, anything is conceivable in a situation in which a past president is being prosecuted for the first time.