From the article:
Normally, that charge would be considered a misdemeanor subject to a two-year statute of limitations, meaning Bragg can’t prosecute him on that basis alone. Bragg, however, has the discretion to make it a Class E felony, if he can show that Trump’s alleged “intent to defraud” involved an additional criminal intent to conceal the commission of another crime or to assist in the commission of this other crime. ”, according to Saland Law.
In order to meet even the threshold standard for prosecution, Bragg would have to argue that Trump falsified business records that concealed his payment of “hush money” to Daniels with the intent to conceal another crime.
Because a hush money payment to ensure silence about an affair would not be illegal per se, Bragg’s case would likely hinge on a potential campaign finance violation.
If Cohen’s payment to Daniels constituted an illegal campaign contribution, then the falsification of records would have concealed an underlying crime, providing a statutory predicate for a Class E felony of falsifying business records in the first degree.