By Jack Queen
NEW YORK (Reuters) -Donald Trump, the first former U.S. president to be convicted of a crime, will remain a free man while he awaits sentencing and could avoid a prison term entirely for falsifying business records to cover up a hush money payment to a porn star.
Here is a look at what’s next for the Republican candidate for president against Democratic President Joe Biden in a Nov. 5 election.
WHAT HAPPENS NOW?
The judge presiding over the case, Juan Merchan, must first approve the verdict and enter a final judgment, though this is typically a formality.
Trump is likely to renew his motion for the judge to overturn the jury's guilty verdict, which the judge denied in court on Thursday. Merchan gave Trump until June 13 to submit any motions in response to the verdict, and prosecutors have until June 27 to respond.
Merchan set sentencing for July 11, just days before the Republican Party is scheduled to formally nominate Trump for president ahead of the election.
The crime of falsifying business documents carries a maximum sentence of four years in prison, though those convicted often receive shorter sentences, fines or probation. Incarceration would not legally prevent Trump from campaigning, nor taking office if he were to win.
Lawyers and prosecutors will recommend sentences and then argue over them at Trump’s sentencing hearing, where Merchan will make a decision.
WILL TRUMP GO TO PRISON?
That is unlikely.
The maximum sentence for Trump’s crime of falsifying business records is 1-1/3 to four years in prison.
It is rare for people with no criminal history who are convicted only of falsification of business records to be sentenced to prison in New York. Punishments such as fines or probation are more common.
Defendants convicted of falsifying business records who are sentenced to time behind bars typically serve a year or less, and even in those cases most were convicted of other crimes such as fraud or grand larceny - unlike Trump.
If punished beyond a fine, Trump could be placed under home confinement or subject to a curfew rather than imprisoned.
As a former president, he has a lifetime Secret Service detail, and the logistics of keeping him safe behind bars could be complicated.
The enforcement of any sentence could be delayed while Trump appeals his conviction.
CAN TRUMP APPEAL THE CONVICTION?
Yes. Defense lawyer Todd Blanche said on CNN on Thursday that Trump would appeal after his sentencing. Appearing before reporters at Trump Tower on Friday, Trump said: "We're going to be appealing this scam."
Trump is likely to make arguments that Merchan rejected ahead of trial, including that the indictment is legally flawed and politically motivated.
He is also likely to argue Merchan deprived him of a fair trial by making legal errors, including allowing salacious testimony from a porn star who said she had sex with Trump - testimony his lawyers said was gratuitous and aimed at inflaming the jury against him.
The defense is likely to argue that the charges themselves were legally improper. Falsifying business records on its own is a misdemeanor in New York, but is elevated to a felony when done to help commit or conceal another crime. In this case, Bragg's office said that other crime was a conspiracy to violate a state election law.
Trump's lawyers have argued that state law does not apply to federal elections.
COULD TRUMP STILL BE PRESIDENT?
Yes. The U.S. Constitution only requires that presidents be at least 35 years old and natural-born U.S. citizens who have lived in the country for 14 years.
In theory, Trump could be sworn in from jail or prison on Inauguration Day, Jan. 20, 2025, were he to unseat Biden.