The general speculation around the falsified business records charge is that according to NY law it's a misdemeanor that gets escalated to a felony if it was done with the intent of hiding another crime.

That would be NY PL 175.10

> A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.

> Falsifying business records in the first degree is a class E felony.

https://www.nysenate.gov/legislation/laws/PEN/175.10

So, that's the speculation about how a prosecutor would get a felony of the falsifying business records charge (which, I'll reiterate one more time is speculation since we don't yet know the specific charges).

There are other statute of limitations factors that complicates things. I heard one legal analyst claim that the NY statute of limitations is tolled when someone has permanently left the state (which means while Trump is in Florida, the NY statute of limitations clock would be paused). I haven't been able to find a source for that information, so... I'm not confident that it's accurate.

But, while the statute of limitation math can by mildly complicated, but it would be absolutely stunning if the DA fucks it up in a case this high profile.

The statue of limitations in New York doesn't accumulate when the defendant is outside of the state.

I would be sure to make note of who is suggesting that legal approach. The full opinions of the court in that case can be found https://www.supremecourt.gov/opinions/19pdf/19-635_o7jq.pdf