So, you've probably heard the term "34 counts" tossed around more than a hot potato in a cafeteria. It’s everywhere. But if you actually sit down and try to explain what those 34 counts were to a friend over coffee, things get a little fuzzy. Was it about the money? Was it about the girl? Or was it some weird accounting loophole?
Honestly, it’s a bit of all three.
When people ask what felony was Trump charged with, they are usually looking for a simple name, like "robbery" or "fraud." But the legal reality is a mouthful: Falsifying Business Records in the First Degree. In New York, that is a Class E felony. It’s the lowest tier of felony in the state, but a felony nonetheless.
And he wasn't just charged with it once. He was charged with it 34 separate times.
The "Hush Money" Label is Kinda Wrong
The media loves to call this the "hush money" trial. It’s a catchy name. It sounds like a spy movie. But here’s the kicker: paying hush money isn't actually illegal in New York. You can pay someone to keep a secret all day long if you want to. It might be messy, but it’s not a crime.
The actual felony wasn't the payment to Stormy Daniels. It was how that payment was written down in the books afterward.
Basically, the prosecution argued that Donald Trump didn't want the $130,000 payment to show up as "hush money for an adult film star" right before the 2016 election. Instead, when he reimbursed his then-lawyer Michael Cohen for the payment, the entries in the Trump Organization’s ledger called it "legal expenses."
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Prosecutors said that was a lie. A flat-out, 100% intentional lie to hide the truth from the public.
Why a Misdemeanor Jumped to a Felony
If you just lie on a business record in New York, it’s usually just a misdemeanor. It’s like a slap on the wrist. So, how did this turn into 34 felonies?
To make it a felony, prosecutors had to prove that Trump falsified those records with the intent to commit or conceal another crime. That’s the "bridge" that turns a small crime into a big one.
In this case, District Attorney Alvin Bragg argued that the "other crime" was a violation of New York Election Law Section 17-152. This law makes it a conspiracy to promote the election of any person by "unlawful means." By hiding the payment, the state argued Trump was trying to illegally influence the 2016 election.
The jury didn't even have to agree on what the specific "unlawful means" were. They just had to agree that there was an intent to commit another crime. It’s a bit of a legal quirk, and it was one of the most debated parts of the whole trial.
Breaking Down the 34 Counts
You might wonder how one payment to one person turns into 34 separate felony counts. It feels like overkill, right? Well, the law treats every single piece of paper as a separate offense.
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The 34 counts were split up like this:
- 11 Invoices: Every time Michael Cohen sent an invoice to the Trump Organization for his "retainer" (which the jury found was actually reimbursement), that was a count.
- 11 Checks: Each check signed to pay those invoices (some signed by Trump himself, some by his trust) was a separate count.
- 12 Ledger Entries: Every time a bookkeeper typed "legal expense" into the company’s general ledger system to record those payments, that was a count.
It’s like getting 34 speeding tickets for one long drive because there were 34 different cameras along the road.
The Defense's Side of the Coin
Trump’s legal team, led by Todd Blanche, didn't just sit there. Their argument was pretty straightforward: Michael Cohen was a lawyer. He was providing legal services. Therefore, calling the payments "legal expenses" was technically true.
They also went after Cohen’s credibility hard. I mean, the guy had already gone to prison for lying to Congress. The defense argued that you couldn't trust a single word out of his mouth. They portrayed the whole thing as a standard business transaction that the DA was trying to "criminalize" for political reasons.
Obviously, the jury didn't buy it. On May 30, 2024, they came back with "guilty" on every single one of those 34 counts.
What This Actually Means for a President
This is where things get really weird. Usually, if you’re a convicted felon, you lose a lot of rights. But the U.S. Constitution is surprisingly quiet about whether a felon can be President.
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The Constitution only lists three requirements:
- Be a natural-born citizen.
- Be at least 35 years old.
- Have lived in the U.S. for 14 years.
That’s it. There’s no "must not have a criminal record" clause. So, while Trump became the first former president to be a convicted felon, it didn't stop him from running again—or winning.
As for voting? Since he was convicted in New York but lives in Florida, Florida law actually Defers to New York's rules. In New York, you only lose your right to vote while you are physically behind bars. Since Trump wasn't in prison on Election Day, he was perfectly eligible to cast a ballot for himself.
Actionable Insights: Navigating the Noise
If you're trying to keep the facts straight in a world of political spin, here’s how to look at the situation:
- Check the jurisdiction: Remember that this was a state case, not a federal one. This means a President cannot pardon themselves for these specific 34 counts. Only the Governor of New York (currently Kathy Hochul) has that power.
- Understand the "Intent": The felony status of what felony was Trump charged with hinges entirely on the "intent to conceal another crime." Without the election law tie-in, this would have stayed a misdemeanor.
- Read the Indictment: If you really want to see the nitty-gritty, the Manhattan DA's office has the "Statement of Facts" and the full indictment available online. It’s surprisingly readable for a legal document.
- Watch the Appeals: Cases this big are rarely "over" after the verdict. The legal team is still fighting the conviction in the appellate courts, focusing on whether the "other crime" theory was applied correctly.
The landscape of American law is changing fast, and this case is the primary reason why. Whether you think it was a "witch hunt" or "justice served," the specific legal mechanics of these 34 felonies will be studied in law schools for the next century.
Keep an eye on the New York Appellate Division's calendar. That’s where the next real chapter of this story will be written, far away from the campaign rallies and TV cameras.