What happens now for Hunter Biden?
President Biden's son Hunter Biden was found guilty of 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. 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.
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. 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.
