What happens now for Hunter Biden? Experts weigh in on whether he will face jail time or if president will pardon him

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President Biden's son Hunter Biden was found guilty on three felony gun charges on Tuesday by a Delaware jury. He now faces sentencing which will take place in the coming months.

Biden, 54, faces a maximum sentence of 25 years in prison and fines of up to $750,000 as each count has a maximum fine of $250,000.

But legal experts do not expect the president’s son to face time 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 date for sentencing has not yet been set. Noreika noted it typically takes place in 120 days.

Hunter Biden leaving court with First Lady Jill Biden and wife Melissa Cohen after he was found guilty on three federal felony gun charges

Before she makes a decision, there will be a pre-sentencing report where each side will have the opportunity to present anything they would like for the judge to consider. They can also object to anything they oppose being included in the report.

District Judge Maryellen Noreika 

Hunter Biden’s legal team will also likely be filing any appeal that they might have. If an appeal around evidentiary rulings or the judge’s charge are successful, it could result in a new trial.

‘We respect the jury process, and as we have done throughout the case, we will continue to vigorously pursue all the legal challenges available to Hunter,’ Biden’s lawyer Abbe Lowell said in a statement following 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 serious sentence.

‘I think that the judge is going to consider the fact that he's come out of this addiction to lead a productive, law-abiding life,’ said Fordham law professor Cheryl Bader.

When it comes to sentencing there are multiple factors included in the consideration process such as criminal history of which Biden currently has none. It also looks at mitigating factors.

‘The facts of the case and the facts around this individual don't, in my opinion, warrant a sentence of incarceration,’ said Bader.

Biden and Cohen returning to court on June 11 where he was found guilty on three counts. Biden faces a maximum of 25 years in prison and $750,000 in fines, but legal experts do not expect prison time in this case

Prosecutor David Weiss (center) speaking to the media after the jury reached a guilty verdict. Weiss said the case shows no one is above the law. Prosecutors and Biden's legal team will be able to weigh in for 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 only a few hours to reach a guilty verdict.

‘This is a normal, run of the mill trial,’ Yoo said. ‘What is crazy is that Hunter decided to go to trial instead of reaching a plea bargain with minimal jail time.’

However, Yoo noted the guilty verdict does increase the stakes for Biden’s tax evasion trial in Los Angeles later this year.

‘By that time, Hunter will be a convicted federal felon, not a first-time offender as here,’ Yoo said. ‘While that means he is unlikely to serve jail time for the gun possession, he may well serve time for the tax evasion because he will have a record by then.’

Biden is also charged with nine felony and misdemeanor tax offenses.

Federal prosecutors accuse the younger Biden of a four-year scheme to skip out on paying $1.4 million in taxes he owed the IRS between 2016 and 2019 and instead spending the money on his extravagant lifestyle including drugs and alcohol.

If convicted in that case, Biden faces a maximum of 17 years in prison.

Last year, the investigation into the president's son once looked like it would be wrapped up with a plea deal, which would have resulted in two years probation after pleading guilty to misdemeanor tax charges.

But that agreement fell apart after the judge expected to approve the deal instead raised further questions.

When it comes to an appeal, that is expected following Hunter Biden's sentence in the gun case. But legal experts believe there are several issues ripe for appeal.

One is raising an evidentiary issue in that the judge did not allow Biden's legal team to introduce some evidence indicated that he was not addicted to drugs at the time he bought the firearm. 

Lowell established no one saw him doing crack cocaine in the month he bought the gun, but there were text messages that hurt his defense.

There is also the potential vindictive prosecution claim said assistant professor of law Sara Hidlebrand of Delaware Law School.

'Biden doesn't have a criminal history as I understand it, and I think often these particular charges wouldn't be brought in federal court,' she said. 'It's sort of unique in that way that the prosecution decided to bring this case against this person without a criminal history.'

She said there could be a claim they brought the charge because he is part of a prominent political family. 

Legal experts say there are several issues Biden's legal team can potentially raise on appeal 

Potentially the strongest appeal though according to Hidlebrand is raising the constitutionality of the statute under which Biden was prosecuted and whether the government can prohibit someone addicted to drugs from purchasing a firearm.

There has been indication from lower courts including from conservative Justice Amy Coney Barrett before she joined the Supreme Court that the courts could find the statute unconstitutional. 

'It's sort of ironic in some ways that the Republican point of view on this issue could really benefit Hunter Biden,' she said.