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What criminal charges has Donald Trump faced in federal and state cases?
Executive summary
Donald Trump has faced multiple federal and state criminal prosecutions since 2023: a federal classified-documents indictment charging him with mishandling sensitive records (37–40 counts in reporting) and related obstruction/counts [1] [2], a federal D.C. election indictment accusing him of conspiring to obstruct the Jan. 6 certification (four counts) [3] [2], a Georgia state indictment over efforts to overturn the 2020 result (13 charges, 18 co-defendants) [4], and a New York state criminal trial that produced a conviction on 34 felony counts of falsifying business records [5] [3]. Several federal prosecutions were later dropped or paused by prosecutors in late 2024, often “without prejudice,” while the New York conviction led to an unusual unconditional discharge in January 2025 [6] [5] [3].
1. Classified‑documents case — federal indictment in Florida: charges and status
Special Counsel Jack Smith’s June 2023 federal indictment in the Southern District of Florida accused Trump of willfully retaining national defense information and related obstruction and false‑statement counts; reporting lists the case as containing roughly 37–40 counts focused on mishandling classified records and obstructing investigators [1] [2]. Smith later sought dismissal of the federal documents case after Trump’s 2024 election victory, asking courts to dismiss “without prejudice,” meaning prosecutors say they reserve the right to refile in the future [6] [1]. Available sources do not specify every count number consistently — some reports list 37, others 40 — reflecting superseding indictments and differing summaries [2] [1].
2. Jan. 6 / election‑subversion case — federal indictment in D.C.: core allegations
In August 2023 a grand jury in Washington, D.C., returned an indictment charging Trump with conspiracies to defraud the United States, to obstruct an official proceeding, and obstructing the Jan. 6 certification; major counts included corruptly obstructing an official proceeding (18 U.S.C. §1512(c)[7]), conspiracy to obstruct, and conspiracy to defraud [3] [2]. That D.C. case was a central charge against Trump for his post‑2020 conduct; like the documents case, prosecutors later moved to dismiss the indictment without prejudice after Trump won the 2024 election [6] [3].
3. Georgia state case — RICO‑style racketeering and election‑related charges
Fulton County prosecutors indicted Trump and 18 co‑defendants in August 2023 on a multi‑count state complaint related to efforts to overturn Georgia’s 2020 result; reporting cites roughly 13 state charges, including conspiracy and alleged coordinated efforts to “find” votes and pressure state officials [4]. Advocates and critics disagree over whether this is routine criminal accountability or politically motivated prosecution; Indivisible’s explainer frames the charges as central to protecting democratic processes [4]. Available sources do not report that the Georgia indictment was dismissed; rather, it remains a distinct state case from the federal matters [4].
4. New York state trial and conviction — falsifying business records
Trump’s Manhattan trial in spring 2024 ended with a jury convicting him on 34 felony counts of falsifying business records tied to alleged payments to conceal a scandal; that conviction was historic as the first criminal conviction of a U.S. president or former president [5] [3]. Sentencing produced an unusual outcome: in January 2025 the judge imposed an unconditional discharge, meaning no fines, prison, or other penalties were administered [5]. Sources emphasize both the conviction and the atypical discharge as consequential legal and political developments [5].
5. Prosecutorial decisions, “without prejudice” dismissals, and legal uncertainty
After Trump won the 2024 election, Special Counsel Jack Smith asked courts to dismiss the federal documents and election indictments “without prejudice,” a move Smith said reflected Justice Department policy on indicting sitting presidents; that preserves the option to refile after a presidency [6] [8]. Lawfare and Forbes coverage note prosecutors asserted there was sufficient evidence but cited policy and practical limits in seeking dismissal; critics call the dismissals politically driven, while supporters view them as respecting norms around indicting a sitting president [6] [3] [8].
6. What reporting leaves unclear or contested
Sources differ on precise count totals (e.g., 37 vs. 40 counts in the documents case) and on the long‑term prospects for re‑indictment; Forbes notes statute‑of‑limitations questions and legal hurdles if prosecutors try again after Trump leaves office [2] [6]. Available sources do not provide a single, reconciled tally that accounts for superseding indictments, appellate moves, dismissals, and the New York discharge; readers should treat the numerical totals in reporting as contingent on legal filings and later actions [2] [6].
7. Bottom line — multiple jurisdictions, overlapping political stakes
Trump has faced prosecutions in federal courts (documents and D.C. election cases) and in state courts (Georgia election case and Manhattan falsified‑records case), producing convictions, dismissals, and continuing litigation; prosecutorial moves after the 2024 election — especially dismissals “without prejudice” — add legal uncertainty about whether the federal matters can be refiled later [1] [3] [5] [6]. Different outlets and advocates frame these events either as necessary enforcement of the rule of law or as politically motivated prosecutions; readers should weigh the concrete charges and court actions cited here against each source’s framing [4] [8].