Can Trump still go to jail?

Even if Justice Merchan upholds the conviction and keeps the scheduled sentencing, Trump’s team is almost certain to seek more delays and appeals.

Todd Blanche, Trump’s lead attorney, did not respond to inquiries about whether he planned to seek a delay.

Because Trump will be tied up with a presidential transition and the legal questions about sentencing a president are so complex, some scholars see very little chance it will stay on the calendar.

“I think the most likely outcome in the state case is the judge putting off sentencing until after Trump’s term in office,” said Daniel Charles Richman, a professor at Columbia Law School.

“To actually impose a sentence would raise any number of messy issues in the short term,” including political ones, he said.

If Trump does find himself in a Manhattan courtroom later this month, deciding his fate still would be an unprecedented challenge.

Under the law, Trump faces a range of sentences, including fines, probation and up to four years in prison. But many options are rendered impractical by his imminent return to the White House.

“Sentencing a sitting president may be one of the most complicated, fraught sentencing decisions you can imagine,” Ms Cominsky said.

“It’s hard to imagine what sentence could be imposed that would not impede a president’s ability to do their job or compromise the president’s security.”

Few expect Justice Merchan to sentence Trump to a stint behind bars at this point.

“He’s a 78-year old man with no criminal history, who has been convicted of a non-violent felony,” said retired New York Supreme Court Justice Diane Kiesel. “I don’t think a judge would give a person under those sentences an incarceration sentence.”

Even if Justice Merchan did reach for such a sentence, Trump’s team would almost certainly appeal it, delaying actual punishment.

Trump could leave a sentencing hearing with the legal equivalent of a slap on the wrist. Justice Merchan could ask the former president to pay a relatively small fine in the three- or four-figure range.

He could also give Trump an unconditional discharge; “basically, goodbye,” as Justice Kiesel puts it.