Could Trump go to prison if convicted in the Stormy Daniels hush money case?

Former President of the United States Donald Trump’s first criminal trial, related to alleged “hush money” payments made to adult film actress Stormy Daniels, begins on Monday 15 April.

What is Trump accused of?

In March 2023, a Manhattan grand jury voted to indict Trump after an investigation revealed the former president had made a payment of $130,000 through his then-lawyer, Michael Cohen, to cover up an affair with Daniels and avoid damaging his presidential bid in 2016.

The case, which has been billed the “hush money trial” due to allegations of bribery, will see Trump face 34 felony charges for falsifying business records in the first degree. Following his arraignment, on 4 April 2023, Trump was arrested in Manhattan but pleaded not guilty and has denied having an affair with Daniels. The 77-year-old will attempt to prove his innocence during the trial, starting on Monday.

Here is the indictment from the Manhattan District Attorney’s Office with the full arraignment:

Donald J Trump Indictment by Lalo López Navarrete

What sanctions will Donald Trump face if found guilty?

Falsification of business records in the first degree is considered a class E felony in the United States. Under the law, each count has a maximum prison sentence of four years or a fine of up to $100,000, or both, in addition to prosecution costs.

“Any person who wilfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution,” states Internal Revenue Code § 7201.

If found guilty, Trump could be ordered to spend a maximum of four years in prison, although he could equally avoid jail time and be made to pay a fine.

Can Donald Trump still run for president if found guilty?

The trial is expected to run on for some time, and even if the jury finds Trump guilty of the charges and he is convicted of the crime, the Republican could still run for president.

Under the constitution, there is nothing to prohibit a person who has been convicted or arrested from being a presidential candidate.

The US Constitution states that a potential president must meet only three requirements: be a natural-born citizen of the United States, be at least 35 years old and have been a resident of the United States for 14 years.