A judge has sentenced Trump to unconditional discharge. What does that mean?
New York state law says unconditional discharge is a sentence handed down ‘without imprisonment, fine or probation supervision’
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Your support makes all the difference.Justice Juan Merchan sentenced President-elect Donald Trump to an unconditional discharge on Friday. The measure is a rare and lenient sentence in the New York state court system that still means that Trump will enter office on January 20th as a felon.
If Trump had been sentenced to a conditional discharge, he would have had to meet certain conditions, such as maintaining a job or paying restitution. With his sentence, however, there will be no conditions placed on Trump, The New York Times noted.
Trump was convicted on 34 counts of falsifying business records to cover up an affair with an adult actress. He had initially faced as many as four years behind bars or probation.
Merchan had substantial reason to consider imprisonment, according to the Times.
What is an unconditional discharge?
New York state law says unconditional discharge is a sentence handed down “without imprisonment, fine or probation supervision.”
The law adds that the sentence is appropriate when a judge “is of the opinion that no proper purpose would be served by imposing any condition upon the defendant’s release.”
It’s Merchan’s way of closing the case without interfering with Trump’s presidency.
Is it common?
A third of defendants since 2014 sentenced to the most serious charge of falsifying business records in the first in Manhattan were handed less than a year of jail time. Others received more than a year of incarceration or were handed probation, fines, community service, or conditional discharges. But no other defendants in the cases reviewed byThe Times got an unconditional discharge.
Falsifying business records in the first degree is an “E” level felony in New York. It’s the lowest-level felony and doesn’t require incarceration.
Other New York cases where defendants have been sentenced to unconditional discharges include an attorney who pleaded guilty to falsifying business records in the second degree after being charged with submitting payment vouchers with false information, an attorney who didn’t pay their taxes, yet another attorney who pleaded guilty to misdemeanor official misconduct, a conviction after refusing to submit to a field sobriety test in a case of driving under the influence, and the attempted criminal possession of a weapon in the fourth degree, as well as the attempted possession of ammunition, MSNBC noted.
Other cases included convictions related to marijuana, speeding, submitting a false timesheet, trespassing, and not maintaining the right license plates.
What did the judge say?
In an 18-page decision last week, Merchan revealed that he was planning on handing Trump an unconditional discharge, stating that it seemed to be “the most viable solution to ensure finality.”
Merchan made clear in his statement Friday that he was making a difference between Trump the person and Trump the president-elect, saying that it’s the office of the president that should receive substantial legal protections, not the individual.
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