Trump Faces 76.5 Years in Prison in Georgia; 91 Counts, 717.5 Years Overall, Plus Law That Includes Possibility of Death Penalty

Update: According to Reuters, a Department of Justice spokesperson said President Trump “does not face the possibility of the death penalty because the indictment did not include the ‘special findings’ necessary to seek that sentence.”

Former President Donald Trump could face up to 76.5 years in state prison if he is convicted and receives the maximum sentence on all 13 counts he faces in the indictment filed by Fulton County, Georgia, District Attorney Fani Willis late Monday night.

Here are the counts:

1 – Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, O.C.G.A. § 16-4-4(c) – up to 20 years

5 – Solicitation of Violation of Oath by Public Officer – O.C.G.A. §§ 16-4-7 & 16-10-1 – up to three years

9 – Conspiracy to Commit Impersonating a Public Officer – O.C.G.A. §§ 16-4-8 & 16-10-23 – two and-a-half years (in Georgia, the crime of conspiracy carries up to half the maximum penalty for the substantive offense, which in this case is five years)

11 – Conspiracy to Commit Forgery in the First Degree – O.C.G.A. §§ 16-4-8 & 16-9-1(b) – seven and-a-half years (half of 15)

13 – Conspiracy to Commit False Statements and Writings – O.C.G.A. §§ 16-4-8 & 16-10-20 – two and-a-half years (see 29, below)

15 – Conspiracy to Commit Filing False Documents – O.C.G.A. §§ 16-4-8 and 16-10-20.1(b)(1) – five years

17 – Conspiracy to Commit Forgery in the First Degree – O.C.G.A. §§ 16-4-8 & 16-9-1(b) – seven and-a-half years (half of 15)

19 – Conspiracy to Commit False Statements and Writings – O.C.G.A. §§ 16-4-8 & 16-10-20 – two and-a-half years (see 29, below)

27 – Filing False Documents – O.C.G.A. § 16-10-20.1(b)(1) – ten years

28 – Solicitation of Violation of Oath by Public Officer – O.C.G.A. §§ 16-4-7 & 16-10-1 – up to three years
29 – False Statements and Writings – O.C.G.A. § 16-10-20 – five years

38 – Solicitation of Violation of Oath by Public Officer – O.C.G.A. §§ 16-4-7 & 16-10-1 – up to three years

39 – False Statements and Writings – O.C.G.A. § 16-10-20 – five years

In addition, Trump faces:

• 136 years in 34 counts in the New York case, involving alleged false business records in the Stormy Daniels affair
• 450 years in the 40 counts in the federal case in Miami, involving alleged mishandling of presidential documents
• 55 years in 4 counts in the federal case in Washington, D.C., involving 2020 election challenges and the January 6, 2021 Capitol riot

Thus Trump could face up to 717.5 years in prison. The latter charge in D.C. also includes the possibility of the death penalty.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the new biography, Rhoda: ‘Comrade Kadalie, You Are Out of Order’. He is also the author of the recent e-book, Neither Free nor Fair: The 2020 U.S. Presidential Election. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.

Correction: An earlier version of this post incorrectly stated that Trump could face 727.5 years in prison. The correct number is 717.5.