As the hush money trial of former President Donald Trump reaches its conclusion, his legal team faces a crucial decision on whether to request misdemeanor charges be considered by the jury. These lesser included offenses (LIO) consist of 34 misdemeanor counts of falsifying business records, as opposed to the 34 felony counts that prosecutors have alleged Trump committed. The reason for potentially using this legal option is that misdemeanor charges carry lower penalties compared to the felony charges, according to former judge Ethan Greenberg.
The 34 felony counts of falsifying business records could result in up to four years of prison time each upon conviction, while the misdemeanor charges carry a maximum of two years behind bars. However, submitting an LIO would be a risky move for Trump’s legal team, as the prosecution could also request it and the decision ultimately lies with Manhattan Supreme Court Justice Juan Merchan. Without the LIO, if the jury finds Trump guilty of falsifying records deliberately but not to conceal a crime as claimed by Manhattan District Attorney Alvin Bragg, then the former president would be acquitted.
In the event that Trump is convicted only on the misdemeanor charges, it would require proof that he intentionally falsified business records. Prosecutors have alleged that the hush money payment to porn star Stormy Daniels was part of an illegal attempt by Trump to influence the 2016 election by concealing a damaging sex scandal from voters. Another consideration for Trump’s legal team is that if they request the LIO and Trump is convicted on the misdemeanor charges, the appeal process would be more challenging due to existing case law in New York.
The potential outcomes of the trial are uncertain as the jury prepares to deliberate following closing arguments. Regardless of whether the lesser included offenses are considered or not, the final decision will have significant implications for Trump’s legal future. The stakes are high for both the prosecution, seeking to prove their case against Trump, as well as the defense, aiming to secure an acquittal or favorable sentencing outcome. The trial has garnered significant attention as it marks a pivotal moment in the legal battles faced by Trump since leaving office.
Overall, the verdict in the historic hush money trial will have far-reaching consequences for all involved parties, setting a precedent for future cases of a similar nature. Trump’s legal team must carefully weigh their options and consider their strategy as they navigate the final stages of the trial. The decision on whether to request the jury to consider misdemeanor charges could be a determining factor in the outcome of the case. As the trial nears its conclusion, all eyes are on the courtroom as the fate of the former president hangs in the balance.
