Donald Trump Felonies: What Most People Get Wrong About the 34 Counts

Donald Trump Felonies: What Most People Get Wrong About the 34 Counts

Look, the news cycle moves so fast these days that it feels like ancient history, but it's only been about a year and a half since a jury in Manhattan changed American history forever. We’re talking about the first time a former president—and now current president—became a convicted felon.

People toss the number around all the time. Thirty-four. But honestly, if you ask the average person on the street to name exactly what Donald Trump felonies actually are, you’ll probably get a blank stare or some vague mention of "hush money."

It’s way more technical than that. And kinda more interesting if you’re into how the legal gears grind.

The Core of the Conviction: Falsifying Business Records

Basically, Trump wasn't convicted of "paying hush money." That’s not even a crime in New York. You can pay people to be quiet about all sorts of things if they agree to it. The problem—at least according to the jury—was how those payments were written down in the books.

Every single one of the 34 counts was for the same thing: Falsifying Business Records in the First Degree (New York Penal Law § 175.10).

To make it a felony instead of a misdemeanor, Manhattan District Attorney Alvin Bragg had to prove that Trump didn't just mess up the paperwork, but that he did it with the "intent to commit another crime or to aid or conceal the commission thereof."

In this case, that "other crime" was a violation of New York Election Law § 17-152. That's a fancy way of saying a conspiracy to promote or prevent an election by unlawful means.

Why 34?

You might wonder why there were so many counts for just one payment to Stormy Daniels. It’s because the law treats every individual document as a separate offense. Think of it like a paper trail where every step is a new charge.

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The 34 counts break down into three specific buckets:

  • 11 Invoices: These were submitted by Michael Cohen, Trump's former "fixer."
  • 12 Ledger Entries: These were the internal records kept by the Trump Organization.
  • 11 Checks: Nine of these were signed by Trump personally while he was in the Oval Office.

If you look at the dates, they span from February 2017 to December 2017. Every month, a new set of documents was created to reimburse Cohen for the $130,000 he paid out right before the 2016 election.

What Really Happened in the Courtroom?

The trial was a circus, let's be real. You had Michael Cohen—a man who had already gone to prison and was labeled a "serial liar" by the defense—acting as the star witness. Then you had Stormy Daniels herself giving some pretty graphic testimony that Judge Juan Merchan later admitted was maybe a bit much for the case.

But the paper doesn't lie.

The prosecution showed the jury "General Ledger" entries where these payments were categorized as "legal expenses" pursuant to a "retainer agreement."

The problem? There was no retainer agreement.

Even some of Trump's own staff, like former Trump Organization comptroller Jeffrey McConney, testified about how the numbers were crunched. They "grossed up" the $130,000 to $420,000 to cover taxes and a bonus for Cohen, so he wouldn't lose money on the deal.

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The Defense Argument

Trump's team, led by Todd Blanche, didn't just sit there. They argued that Trump was busy running the country and didn't have time to worry about the minutiae of accounting ledger entries. They portrayed the payments as legitimate legal fees for a lawyer who was, well, doing legal work.

They also went hard after Cohen’s credibility. Honestly, it's a bold strategy to build a felony case on the word of a guy who had a podcast dedicated to taking you down. But the jury saw enough corroborating evidence—the checks, the emails, the testimony from Hope Hicks and David Pecker—to bridge that gap.

The Current Status: Sentencing and Appeals

Here is where things get weird. By early 2026, the legal landscape has shifted significantly because of Trump’s return to the presidency.

Initially, sentencing was pushed back multiple times. First, it was the Supreme Court’s ruling on presidential immunity in Trump v. United States. Then it was the 2024 election itself.

On January 10, 2025, Judge Merchan finally handed down a sentence of unconditional discharge.

What is an Unconditional Discharge?
Basically, it means the conviction stays on your record, but the court decides that neither the public interest nor the ends of justice would be served by a prison sentence, probation, or a fine.

It was a massive "off-ramp" for the legal system. It acknowledged the felonies while avoiding the constitutional nightmare of trying to put a sitting or incoming president behind bars.

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Is it over?

Not really. Trump's legal team filed an appeal in October 2025. They’re arguing that the trial was tainted by evidence that should have been protected by "official acts" immunity—specifically things that happened while he was in the White House in 2017.

The New York appeals courts are still chewing on that. If they side with Trump, the whole conviction could be tossed. If they don't, it might go all the way back up to the U.S. Supreme Court.

What About the Other Cases?

You probably remember there were four big cases. Besides the 34 Donald Trump felonies in New York, he faced:

  1. The Classified Documents Case (Florida): Dismissed by Judge Aileen Cannon in July 2024.
  2. The Election Interference Case (D.C.): Effectively dropped by Special Counsel Jack Smith in November 2024 following the election.
  3. The Georgia RICO Case: Mostly stalled and dismissed after legal challenges and the 2024 election results.

So, as of right now, the New York "hush money" case is the only one where a verdict actually stuck.

Actionable Insights: How to Track the Appeal

If you're trying to keep up with what happens next, don't just wait for the headlines. The legal process is slow and full of jargon. Here is how you can actually follow the progress of the Donald Trump felonies appeal:

  • Watch the NYSCEF: This is the New York State Courts Electronic Filing system. It’s public. You can see the actual motions filed by Trump’s lawyers and the DA’s responses.
  • Understand the "Immunity" Scope: The big question isn't whether he paid the money; it's whether the evidence used in court (like tweets or conversations with staff) was "official" or "private."
  • Check the Appellate Division, First Department: This is the specific court in Manhattan handling the appeal. Their calendar is public.

The New York case proved that even a president can be brought to trial, but the "unconditional discharge" sentence showed that the law often has to bend when it hits the reality of the presidency. Whether those 34 counts remain on his record forever is now a question for the appellate judges.

To stay truly informed, you should focus on the upcoming oral arguments in the New York Appellate Division, as these will likely determine if the conviction stands through the remainder of his current term.