The charges of falsification of business records can be prosecuted in New York State as a misdemeanor. However, Bragg’s office has elevated all the charges to Class E felonies, which are the lowest level of felonies in the New York State penal code, on the grounds that the conduct was intended to conceal another underlying crime, according to the source.
Under the New York State penal code, a conviction for the Class E felony of falsifying business records can result in a prison term of up to four years. Nevertheless, it is improbable that Trump will get jail time as a first offender.