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Trump’s Total Charges Could Result In More Than 700 Years In Prison—Here's Updated Aug 22, 2023, 03:00pm EDT
Topline
Former President Donald Trump has been indicted on 91 federal and state
charges in total after being indicted for the fourth time Monday in Fulton County, Georgia, facing a range of felony charges that all carry potential prison sentences that add up to a potential maximum sentence of 717.5
years in prison, though Trump is highly unlikely to face that much time.
Donald Trump
Former President Donald Trump prepares to deliver remarks at a Nevada Republican volunteer ... [+]Getty Images
Key Facts
Manhattan – 136 Years Maximum: Trump was charged with 34 counts of
falsifying business records in the first degree in his first indictment in Manhattan, stemming from “hush money” payments made during his 2016
campaign, which as a class “E” felony under New York law carries a maximum four-year prison sentence for each count if convicted.
Trump could face over 100 years in prison if he were convicted of every
charge in that case, but legal experts suggest it’s unlikely he’ll face
any prison time at all in this case as a first-time offender.
PROMOTED
Classified Documents – 450 Years Maximum: Trump faces 40 federal charges
after being indicted for bringing White House documents back to Mar-A-Lago
with him and allegedly trying to obstruct the Justice Department’s investigation into them, including 32 counts of willful retention of
national security documents, six counts related to obstruction and two
counts for scheme to conceal and making false statements.
That could result in 450 years maximum imprisonment, based on the willful retention charges each carrying up to 10 years in prison, the obstruction charges carrying potential 20-year penalties and the false statement
charges carrying potentially five years each.
Federal Election Investigation – 55 Years Maximum: Trump was charged with
four felony counts as part of the Justice Department’s investigation into
his efforts to overturn the 2020 election, including conspiracy to defraud
the U.S., obstruction, conspiracy to obstruct an official proceeding and conspiracy against rights, a 19th century law that criminalizes when two
or more people “conspire to injure, oppress, threaten, or intimidate” any Americans “in the free exercise or enjoyment of any right or privilege”
they’re afforded under the Constitution or federal law.
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Those charges could result in more than 50 years in prison if Trump were convicted of all counts, based on maximum sentences of five years for conspiracy to defraud, 20 years for each obstruction charge and 10 years
for conspiracy against rights.
Fulton County – 76.5 Years Maximum: Trump was indicted on 13 state charges
in Fulton County for trying to overturn Georgia’s 2020 election—part of 41 total counts brought against 19 defendants—including charges for
racketeering (known as RICO charges), solicitation of violation of oath by
a public officer, conspiracy to commit impersonating a public officer, conspiracy to commit forgery in the first degree, false statements and writings, conspiracy to commit false statements and writings, filing false documents and conspiracy to commit filing false documents.
Trump could spend more than 70 years in prison if he were convicted on all counts, based on maximum sentences of 20 years for racketeering, three
years for solicitation (three counts), 2.5 years for conspiracy to
impersonate a public officer, 7.5 years for forgery conspiracy (two
counts), five years for false statements (two counts), 2.5 years for
conspiracy to commit false statements (two counts), 10 years for filing
false documents and five years for conspiracy to file false documents.
Contra
While all of the crimes Trump’s been indicted for do carry possible prison sentences, most do not carry mandatory sentences if convicted and can also potentially be punishable by a fine. Criminal solicitation and forgery in Georgia are the only charges against Trump in which the statutes don’t
specify it can be punishable by a fine instead.
What We Don’t Know
What Trump’s actual prison sentences will be, if he’s convicted of any of
the crimes he’s been charged with. Trump is unlikely to receive maximum
prison sentences as a first-time offender, Politico notes, and even if
he’s convicted of multiple crimes, he might be ordered to serve out his sentences concurrently, meaning he could serve sentences for multiple
counts simultaneously rather than one after the other. Trump could also be helped out in the documents case by U.S. District Judge Aileen Cannon, the judge overseeing the case who would sentence him if convicted, who Trump appointed and has been deferential toward him in the past.
What To Watch For
Trump’s trial in Manhattan is scheduled to start on March 25, 2024,
followed by the documents case going to trial on May 20, 2024, though
those dates could be changed. No date has been set yet for Trump’s federal indictment for trying to overturn the 2020 election, though prosecutors
have proposed a trial date of January 2. It’s also still unclear when the Fulton County case will go to trial, and while District Attorney Fani
Willis suggested prosecutors want the trial to take place within the next
six months, that may be unlikely given the complex nature of the 19-
defendant case.
Chief Critic
Trump has strongly denied all of the charges against him in each
indictment, pleading not guilty to the first three sets of charges and
decrying the Fulton County indictment as a “witch hunt.” “These monsters,
all controlled and coordinated by the DOJ and Radical Left Lunatics, are Criminalizing Political Speech, a total SHUTDOWN OF DEMOCRACY!” Trump
claimed on Truth Social Tuesday night. (Legal experts have disputed
Trump’s claim that his attempts to overturn the election were First Amendment-protected speech.)
Surprising Fact
Trump being convicted and sentenced to prison would not in itself stop him
from serving as president if he were reelected in 2024—or from campaigning
for the job—though it would likely present some logistical challenges.
Legal experts cited by Politico said it’s likely any sentences from state courts would likely be postponed until after his presidential term ends,
and while it’s less clear what would happen in the case of any federal sentences, Trump could try to pardon himself from those charges. (It’s
still legally uncertain if he could do so.)
Key Background
Trump is the first sitting or former president to be indicted on felony charges. His indictments were brought over the past several months
following years-long investigations by federal and local prosecutors, with special counsel Jack Smith being appointed in November to oversee the
Justice Department’s two investigations into the former president. The
charges in Fulton County were brought Monday against 19 defendants,
alleging Trump was part of a broader criminal conspiracy to subvert the election results. Polling suggests that Trump’s indictments have only
bolstered his standing in the Republican presidential primaries among his
GOP base, though it’s still unclear how his indictments—or by that point,
any convictions—could impact the ex-president in a general election.
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