> Even if Mr. Trump is indicted, convicting him or sending him to prison will be challenging. The case against the former president hinges on an untested and therefore risky legal theory involving a complex interplay of laws, all amounting to a low-level felony. If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory.

> Mr. Trump’s lawyers are also sure to attack Mr. Cohen, who in 2018 pleaded guilty to federal charges related to the hush money.

> The $130,000 payout came during the final stretch of the 2016 presidential campaign, when Ms. Daniels’s representatives contacted the National Enquirer to offer exclusive rights to her story about an affair with Mr. Trump. David Pecker, the tabloid’s publisher and a longtime ally of Mr. Trump, had agreed to look out for potentially damaging stories about him during the 2016 campaign, and at one point even agreed to buy the story of another woman’s affair with Mr. Trump and never publish it, a practice known as “catch and kill.”

> But Mr. Pecker didn’t bite at Ms. Daniels’s story. Instead, he and the tabloid’s top editor, Dylan Howard, helped broker a separate deal between Mr. Cohen and Ms. Daniels’s lawyer. Mr. Trump later reimbursed Mr. Cohen through monthly checks.

> In the federal case against Mr. Cohen, prosecutors said that Mr. Trump’s company “falsely accounted” for the monthly payments as legal expenses and that company records cited a retainer agreement with Mr. Cohen. Although Mr. Cohen was a lawyer, and became Mr. Trump’s personal attorney after he took office, there was no such retainer agreement and the reimbursement was unrelated to any legal services Mr. Cohen performed.

> In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Mr. Bragg’s prosecutors must show that Mr. Trump’s “intent to defraud” included an intent to commit or conceal a second crime.

> In this case, that second crime could be a violation of New York State election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Mr. Trump’s campaign, under the theory that because the money silenced Ms. Daniels, it benefited his candidacy.

> That would be a novel legal theory for any criminal case, let alone one against the former president, raising the possibility that a judge or appellate court could throw it out or reduce the felony charge to a misdemeanor.

> This is not the first Manhattan grand jury to hear evidence about Mr. Trump. Before leaving office at the end of 2021, Mr. Bragg’s predecessor, Cyrus R. Vance Jr., had directed prosecutors to begin presenting evidence to an earlier grand jury. That potential case focused on the former president’s business practices, in particular whether he fraudulently inflated his net worth by billions of dollars in order to secure favorable terms on loans and other benefits.

> But Mr. Bragg, soon after taking office last year, grew concerned about the strength of that case and halted the presentation, prompting two senior prosecutors leading the investigation to resign.

> Still, the portion of the investigation concerned with Mr. Trump’s net worth is continuing, people with knowledge of the matter said.

> Defendants rarely choose to testify before a grand jury and it is highly unlikely that Mr. Trump would do so. As a potential defendant, he would have to waive immunity, meaning that his testimony could be used against him if he were charged. Although he could have a lawyer present in the grand jury to advise him, the lawyer would be prohibited from speaking to the jurors, and there would be few limits on the questions prosecutors could ask the former president.

> In recent years, Mr. Trump has been wary of answering questions under oath, given the legal intrigue swirling around him. When the New York attorney general deposed him last year in a civil case, Mr. Trump refused to provide any information, availing himself of his Fifth Amendment right to refuse to answer questions more than 400 times over the course of four hours. If he testifies about the hush money to this grand jury, he will not have that option.