How long will Trump go to prison for? Not 187 years like he claims | Fact check

BrieAnna J. Frank, USA TODAY
·3 min read

The claim: Trump faces up to 187 years in prison after conviction

A day after his historic criminal conviction, former President Donald Trump claimed he is facing what would amount to a life sentence in prison.

“Legal expense was marked down as legal expense,” Trump said at a press conference on May 31. “Think of it. This is the crime that I committed, that I’m supposed to go to jail for 187 years for.”

A similar claim circulated widely on Instagram (direct link, archive link) saying Trump faces 136 years behind bars. The post received more than 40,000 likes in less than one day.

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Our rating: False

Each of the 34 counts Trump was convicted of individually has a maximum sentence of four years. Sentences can be imposed consecutively – meaning they must be served one after the other – but New York has a 20-year maximum consecutive sentence for Class E felonies.

Experts say 20-year sentence is possible, but unlikely

A New York jury found Trump guilty on all 34 counts of falsifying business records to cover up a hush money payment to adult film actress Stormy Daniels prior to the 2016 presidential election. The May 30 verdict marks the first time a former U.S. president has been convicted of a crime.

Falsifying business records is a Class E felony in New York, and such felonies individually have a maximum sentence of four years.

The Instagram post is based on the mathematical calculation of 34 charges multiplied by four years of imprisonment for each one. It's unclear how Trump arrived at 187 years.

Regardless, neither number reflects what Trump is actually facing.

If Judge Juan Merchan opts to impose a consecutive prison term on Trump at his July 11 sentencing, New York law will limit his prison time to 20 years.

“The aggregate maximum term of consecutive sentences imposed for two or more crimes, other than two or more crimes that include a class A felony, committed prior to the time the person was imprisoned under any of such sentences shall, if it exceeds 20 years, be deemed to be 20 years,” reads an excerpt from New York Penal Law 70.30.

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News outlets including USA TODAY, CNN and the Independent also reported that Trump would face a maximum of 20 years behind bars in the hush money case.

Legal experts have told USA TODAY a sentence of that length is unlikely, however, given that Trump is a first-time, non-violent offender.

USA TODAY has debunked an array of claims surrounding the hush money trial, including false assertions that the jury did not need a unanimous verdict to convict Trump, that an image showed Trump being arrested after the verdict and that a letter from Daniels denying an affair with Trump was “just found” amid the trial.

USA TODAY reached out to the user who shared the post for comment but did not immediately receive a response.

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This article originally appeared on USA TODAY: Will Trump get prison time? Not the 187 years he claims | Fact check

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