What Is an Unconditional Discharge? Trump’s Sentencing Explained
President-elect Donald Trump on Friday was sentenced to an “unconditional discharge” in his New York hush money trial for paying porn star Stormy Daniels.
If you’re asking what an unconditional discharge means, here is how it is explained in New York Penal Law § 65.20:
“When the court imposes a sentence of unconditional discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, fine or probation supervision. A sentence of unconditional discharge is for all purposes a final judgment of conviction.”
To recap, that means Trump will face:
- No jail time
- No probation
- No monetary fine
But Trump will officially enter his second term as president as a convicted felon, which will remain on his record.
An unconditional discharge essentially means that the verdict stands and the sanctity of the trial is preserved, but there are few if any punishments attached to the conviction. One consequence of an unconditional discharge is that in some states, Trump can’t legally purchase a firearm — including in New York or Florida.
Experts say this type of condition is common in low-level cases, but uncommon in felony cases.
In a May trial presided over by Judge Juan Merchan, Trump was convicted on 34 felony counts of falsifying business records to conceal a $130,000 hush money payment to porn star Stormy Daniels.
The president-elect attended his sentencing virtually on Friday. Trump maintained he was “totally innocent” and called the prosecution a “setback” for New York’s legal system. He added the trial had been a “very terrible experience.”
Judge Merchan on Friday said “Donald Trump, the ordinary citizen” and “Donald Trump, the criminal defendant,” was not entitled to legal concessions.
“However the considerable, indeed extraordinary legal protections afforded the office of the chief executive is a factor that overrides all others,” the judge said.
“They do not reduce the seriousness of the crime or justify its commission in any way,” Merchan added.
Friday’s sentencing falls well short of the maximum penalty Trump was facing. Each of the 34 counts he was convicted on carried up to a four-year prison sentence, as well as a $5,000 fine.
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