What happens next for Hunter Biden? Experts wonder whether he will receive prison time or whether the president will pardon him
President Biden’s son, Hunter Biden, was found guilty of three gun crimes by a jury in Delaware on Tuesday. He now faces a sentencing hearing that will take place in the coming months.
Biden, 54, faces a maximum prison sentence of 25 years and fines of up to $750,000, as each charge carries a maximum fine of $250,000.
But legal experts don’t expect the president’s son to end up behind bars — and not because his father is expected to pardon him.
The case is unprecedented because it is the first involving the child of a sitting president, but President Biden has previously said he would respect the process and not pardon his son.
Judge Maryellen Noreika has discretion when it comes to sentencing. The sentencing date has not yet been set. Noreika noted that it typically occurs within 120 days.
Hunter Biden leaves court with First Lady Jill Biden and his wife Melissa Cohen after being found guilty of three federal gun crimes
Before she makes a decision, a pre-sentencing report will be issued in which each party will have the opportunity to present everything the judge wants for consideration. They can also object to the inclusion of anything they object to in the report.
District Judge Maryellen Noreika
Hunter Biden’s legal team will also likely file a possible appeal. If an appeal against evidentiary rulings or the judge’s indictment is successful, it may result in a new trial.
“We respect the jury trial, and as we have done throughout the case, we will continue to vigorously pursue any legal challenges available to Hunter,” Biden’s attorney Abbe Lowell said in a statement after the verdict.
While Biden faces a maximum of 25 years in prison for the charges, legal experts do not believe he will receive such a harsh sentence.
“I think the judge is going to take into account the fact that he emerged from addiction to live a productive, law-abiding life,” said Fordham law professor Cheryl Bader.
When it comes to sentencing, there are multiple factors involved in the consideration process, such as a criminal history, which Biden currently has none. Mitigating factors are also considered.
“The facts of the case and the facts surrounding this individual do not, in my opinion, warrant a prison sentence,” Bader said.
Biden and Cohen returned to court on June 11, where he was found guilty on three counts. Biden faces up to 25 years in prison and $750,000 in fines, but legal experts expect no jail time in this case
Prosecutor David Weiss (center) speaks to the media after the jury reaches a guilty verdict. Weiss said the case shows that no one is above the law. Prosecutors and Biden’s legal team will be able to weigh in on the pre-sentencing report. A sentencing date has not yet been scheduled
Berkeley law professor John Yoo said it was no surprise that the jury took just a few hours to reach a guilty verdict.
“This is a normal, everyday process,” Yoo said. “The crazy thing is that Hunter decided to file a lawsuit instead of reaching an out-of-court settlement with a minimum prison sentence.”
However, Yoo noted that the guilty verdict raises the stakes for Biden’s tax evasion trial in Los Angeles later this year.
“By then, Hunter will be a convicted federal felon, not a first-time offender like here,” Yoo said. “While that means he is unlikely to serve a prison sentence for the gun possession charge, he could well serve a prison sentence for the tax evasion charge as he will have a criminal record by then.”
Biden is also accused of nine tax crimes.
Federal prosecutors accuse the younger Biden of a four-year scheme to skip paying $1.4 million in taxes he owed to the IRS between 2016 and 2019 and instead spend the money on his extravagant lifestyle, including drugs and alcohol.
If convicted in that case, Biden faces up to 17 years in prison.
Last year, it once looked like the investigation into the president’s son would conclude with a plea deal, which would have resulted in two years of probation after he pleaded guilty to tax charges.
But that agreement fell apart after the judge expected to approve the deal and instead raised further questions.