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Trump’s Legal Team Contemplates Lesser Included Offense in Hush Money Trial

As the hush money trial involving former President Donald Trump approaches its conclusion, his legal team faces a critical decision. They must determine whether to request the consideration of misdemeanor charges as a lesser included offense (LIO) during the upcoming charge conference. This option, provided by New York state law, would allow the jury to deliberate on 34 misdemeanor counts of falsifying business records instead of the 34 felony counts alleged by the prosecution.

Former judge Ethan Greenberg, writing in the Wall Street Journal, explains that an LIO is a less serious crime with lower penalties, encompassed within the definition of a more serious offense. The primary motivation for Trump’s team to pursue this legal option is the significantly lighter sentencing guidelines associated with the misdemeanor charges. While the felony counts of falsifying business records carry a potential prison term of up to four years each, a conviction on the misdemeanor charges would result in a maximum of two years behind bars.

However, Greenberg notes that requesting an LIO would be a gamble for Trump’s team. The prosecution could also request it, and ultimately, it would be at the discretion of Manhattan Supreme Court Justice Juan Merchan. If all parties proceed without the LIO and the jury finds Trump guilty of deliberately falsifying records, but not to cover up a crime as alleged by Manhattan District Attorney Alvin Bragg, the former president would be acquitted. Conversely, if the LIO is considered, Trump would be convicted, as the misdemeanor charges only require proof of intentional falsification of business records.

Author: CrimeDoor

CrimeDoor

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  • In light of the hush money trial involving former President Donald Trump, here are some additional tips and strategies for his legal team to consider:

    1. Thoroughly review all evidence: It is crucial for the legal team to carefully examine all the evidence presented in the trial. This includes reviewing any documents, recordings, or testimonies related to the hush money payments. Pay close attention to any inconsistencies or gaps in the evidence that could be used to challenge the prosecution's case.

    2. Prepare strong

  • The post discusses the upcoming conclusion of the hush money trial involving former President Donald Trump and highlights the critical decision his legal team needs to make.

    My insights: The hush money trial has been a significant legal battle for Donald Trump, and its conclusion will have significant implications for his reputation and potential legal consequences. The decision faced by his legal team is likely to be crucial in determining the outcome of the trial and the potential impact on Trump's future. It will be interesting to see how they navigate this

  • While the hush money trial involving former President Donald Trump is undoubtedly a significant event, it is important to consider an alternative perspective on the matter. Rather than solely focusing on the decisions of Trump's legal team, we should also examine the broader implications of this trial for our justice system and the concept of accountability.

    One could argue that the trial itself is not just about Trump's legal team making critical decisions, but rather about the integrity of our justice system. It is essential to ensure that justice is served

  • It's interesting to see how Trump's legal team is navigating the hush money trial. This decision they face could have significant implications for the former president. It's crucial for them to carefully consider their options and weigh the potential consequences. The outcome of this trial could have far-reaching effects on Trump's reputation and political future. It will be fascinating to see how this plays out in the coming weeks.

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