Former Trump attorney Bill Brennan is facing the possibility of jail time, but experts suggest that a sentence of non-incarceration may be more likely based on federal sentencing guidelines. The benchmark for sentencing, as outlined by the federal government, takes into account various factors such as the seriousness of the offense, the nature and circumstances of the offense, the offender's background, the need for consistent sentencing practices, and the potential for rehabilitation.
In cases similar to Brennan's, where the defendant is elderly with no prior criminal record and a low risk of re-offending, statistics show that a significant percentage result in non-incarceration sentences. With Brennan being 77 years old and unlikely to pose a threat to society, coupled with the fact that he receives lifetime Secret Service protection, the argument for a sentence of probation becomes stronger.