Part of Trump's legal problem is not the seamy little payoff itself. But illegal diversion of campaign funds to Stormy Daniels. This is conspiracy to commit fraud. Conspiracy can very well be a felony.
Remmber the GOP during the Clinton impeachment effort. The GOP told us it wasn't the illicit sex that was the problem. It was the lying about it that demanded. impeachment.
But that’s actually not the charge. That is a federal crime that the Manhatta
n DA has no jurisdiction over. It’s falsification of business records that Trump is likely charged with. That’s a felony if it also was campaign finance fraud. Which it was since Cohen pled guilty to It.
Well, no. Conspiracy can be a federal crime or a state crime. Each state legal system has its own conspiracy legal definitions. Can Trump be found guilty of a misdemeanor, and later a new indictment for conspiracy be lodged? I do not know.
I do remember long ago a lon NPR interview with a NY prosecutor who sent more people to prison for drug peddling than any other prosecutor in NY. He stated most criminals got sent up on conspiracy charges. That was easier, more effective and harder to get away with. A kingpin whose hands rarely touched the drugs themselves were hard to convict on drug charges itself.
Trump may not get away with a mere misdemeanor and wrist slap.