Trump faces the possibility of up to four years in prison for his conviction for his conviction, though the sentence of an unconditional discharge means he would avoid prison, fines or probation.
Trump's legal team is expected to try to stop the Jan. 10 sentencing, sources familiar with the matter tell ABC News. His lawyers intend to ask an intermediate New York appellate court to intervene and stop the sentencing hearing from going forward, the sources said.
Trump spokesperson Steven Cheung, in a statement, called Merchan's ruling "a direct violation of the Supreme Court's Immunity decision and other longstanding jurisprudence."
"President Trump must be allowed to continue the Presidential Transition process and to execute the vital duties of the presidency, unobstructed by the remains of this or any remnants of the Witch Hunts. There should be no sentencing," the statement said.
Republican presidential nominee, former President Donald Trump looks on during a roundtable with faith leaders at Christ Chapel on Oct. 23, 2024 in Zebulon, Ga.
Anna Moneymaker/Getty Images, FILE
If he is unable to sentence Trump on Jan. 10, Merchan suggested that he plans to delay the sentencing until Trump completes his term as president.
Merchan wrote that delaying the sentence is "less desirable" than sentencing Trump immediately for "obvious" reasons; however, it might become the "only viable option" if the sentencing can't proceed as planned.
The Manhattan district attorney's office, which secured the conviction against Trump, did not respond to a request for comment from ABC News.
Trump was found guilty this past May on 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
Merchan, in his ruling, described Trump's conduct as a "premediated and continuous deception by the leader of the free world."
"To vacate this verdict on the grounds that the charges are insufficiently serious given the position Defendant once held, and is about to assume again, would constitute a disproportionate result and cause immeasurable damage to the citizenry's confidence in the Rule of Law," the ruling said.
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