Trump Becomes a Convicted Felon, Avoids Prison and Fines

In a historic and controversial decision, President-elect Donald Trump received an unconditional discharge on Friday for 34 felony counts linked to hush-money payments made before the 2016 presidential election. By granting this discharge, New York Judge Juan Merchan spared Trump any prison time, fines, or probation—even as he officially becomes the first convicted felon to assume the U.S. presidency. The case centred on falsified business records used to conceal hush-money reimbursements to an adult film star, Stormy Daniels, weeks before voters went to the polls. Despite Trump’s longstanding claims of innocence, the jury found him guilty in May 2024.

This outcome has left Trump—a first-time, non-violent offender—technically free of any obligations beyond wearing the label of a felon. Legal experts attribute the judge’s decision to the practical challenges of imprisoning a president, combined with New York state’s legal guidelines for relatively low-level felonies. Trump is now free to appeal his conviction, though he cannot invoke federal pardon powers to absolve himself of a state-level offence. Critics believe this remarkable result underscores systemic inequities, while supporters argue it ensures continuity of government. Regardless, the hush-money case will likely impact U.S. politics for years to come.

Origins of the Hush-Money Case

The criminal charges stem from a hush-money payment made in 2016 to adult film star Stormy Daniels, who claimed she had an extramarital encounter with Trump a decade earlier. Concerned that her disclosure might affect his presidential campaign, Trump allegedly orchestrated a scheme with his then-personal attorney, Michael Cohen, to pay Daniels $130,000 in exchange for her silence. Prosecutors argued that Trump’s subsequent reimbursement to Cohen was falsely categorized in business records, constituting multiple felony counts of falsification.

A grand jury indicted Trump on 34 counts in early 2024, marking the first time a sitting or former U.S. president faced criminal charges. The trial concluded in May 2024, and a jury found Trump guilty on all counts. While each conviction theoretically carried up to four years imprisonment and a $5,000 fine under New York law, Judge Merchan made the final decision on sentencing.

Unconditional Discharge Explained

Under New York law, an unconditional discharge is a sentencing option that allows a judge to enter a conviction while imposing no additional penalties such as incarceration, probation, or fines. The offender remains a felon in the eyes of the law. Legal experts liken it to a formal finding of guilt without tangible punishment. David Dorfman, a law professor at Pace University, characterizes the unconditional discharge as “virtually nothing in terms of punishment.”

In practical terms, a person who receives an unconditional discharge does not have to report to a probation officer or pay restitution. Still, they carry a criminal record that can have significant repercussions, such as affecting one’s right to vote in certain jurisdictions, limiting international travel, or impacting professional licensing. In Trump’s case, the consequence is largely symbolic since he retains the constitutional qualifications to serve as president. However, the felony label could complicate future attempts to travel to countries that restrict entry to convicted felons—Canada included, unless he is granted special permission.

Why Judge Merchan Chose This Route

During sentencing, Judge Merchan cited several factors. Trump is a first-time offender, convicted of non-violent, lower-level felonies. Imprisoning a president-elect posed extraordinary logistical and security challenges. Merchan stated in open court that these charges were “unique and remarkable” but insisted that once the trial doors closed, proceedings had adhered to standard rules of evidence and procedure. He acknowledged that the office of the president, rather than the individual occupying it, demanded additional consideration.

The judge also noted that it would not serve the public interest to confine the nation’s incoming leader, particularly just 10 days before the inauguration. Although Merchan emphasized he was not dismissing the gravity of the crimes, he concluded that unconditional discharge was “the only lawful sentence” that would avoid encroaching on a president-elect’s ability to execute the duties of office.

Trump’s Reaction and Protestations of Innocence

Appearing remotely from Mar-a-Lago, Trump again declared he was “totally innocent,” describing the trial as a political witch hunt. He contended that calling a “legal expense a legal expense” should not have resulted in felony convictions, placing blame on what he perceives as systemic bias within the New York courts. Trump’s legal team expressed gratitude for the judge’s leniency but vowed to appeal the convictions themselves, contending that essential aspects of presidential immunity and free speech protections were overlooked.

In the lead-up to sentencing, Trump attempted a last-ditch effort to block the proceeding via an emergency application to the U.S. Supreme Court. He claimed his election victory in November rendered the charges invalid or at least suspended while he prepared for office. A 5–4 majority on the Supreme Court denied the request on Thursday, citing that any issues related to his sentencing could be addressed through the normal appeals process.

Prosecutorial Perspective

Manhattan District Attorney Alvin Bragg and lead prosecutor Joshua Steinglass informed the court they supported Judge Merchan’s plan. According to Steinglass, the unanimous jury verdict “must be respected.” While the district attorney’s office recognized many might view the unconditional discharge as excessively lenient, they emphasized that a conviction alone sends a message about the rule of law. Trump’s repeated public statements against the court system, as well as his attacks on the integrity of prosecutors, troubled Steinglass, who said such rhetoric constituted “a direct attack on the rule of law itself.”

Legal Consequences for Trump

Trump’s new status as a convicted felon could bring long-term challenges. He remains ineligible to issue himself a presidential pardon for state-level crimes; that power applies only to federal convictions. Should he need to travel abroad, including to Canada or other nations that deny entry to felons, he may require special waivers or ministerial permissions. In political terms, however, the felony label does not bar him from assuming or holding office, per the U.S. Constitution.

Political Fallout

Trump’s loyal base is likely to view his unconditional discharge—and the underlying conviction—as the latest twist in what they perceive as an unrelenting campaign to undermine his presidency. His opponents may see the outcome as a stark demonstration of privilege, contending that no ordinary defendant would receive such a “light” sentence for multiple felony convictions. Either way, the hush-money scandal sets a powerful precedent: a sitting or would-be president can be tried, convicted, and sentenced for criminal activity.

Appeals Process

With sentencing complete, Trump is free to appeal the jury’s guilty verdict. He will need to argue errors in legal procedure or the interpretation of law, rather than relitigate the facts that convinced the jury of his guilt. The appellate court could uphold the verdict, reverse it, or send the case back to the trial level. While Trump cannot be sentenced to prison a second time for the same charges, a successful appeal could clear his criminal record, eliminating the felony label. For now, the conviction stands.

What’s Next?

With the hush-money trial concluded and the sentencing behind him, Trump now turns his attention to appealing his conviction, an effort that may unfold over months or even years. He also faces broader political and diplomatic challenges. Foreign governments, including Canada, generally tighten entry requirements for felons, so he may need special status to travel for official visits. Further, although Trump’s other criminal cases at the federal level have been wound down after his election, lingering debates over the special counsel’s investigations and ongoing Georgia state proceedings remain an uncertainty.

Judge Merchan, for his part, acknowledged Friday that never before had a judge faced the predicament of sentencing an incoming president on felony charges. In delivering his ruling, he insisted that the verdict must stand as a testament to the principle that no person is above the law, not even the most powerful politician in the United States. Whether or not the appeals courts uphold Trump’s conviction, the hush-money scandal will likely remain a defining element of his presidential legacy, reminding the public that criminal accountability can reach the highest offices in the land.