Christian Smith
(NewsNation) — Now convicted of three felony gun charges, President Joe Biden’s son Hunter Biden is awaiting sentencing, which could carry up to 25 years in prison, along with another trial this fall when he faces misdemeanor tax charges.
Biden was found guilty of charges, including lying about being a drug addict on an ATF form and possessing a gun as a drug addict, by a jury on Tuesday. The maximum penalty for the three charges is 25 years in prison and fines of up to US$750,000.
A jury deliberated for just under three hours before returning a guilty verdict on charges related to a gun Biden bought and kept for about 11 days in Delaware. Biden has acknowledged a crack addiction during that period, but his lawyers have said he did not break the law.
Will Hunter Biden face prison time?
Despite the conviction and maximum sentence of 25 years in prison, defense attorney and NewsNation legal contributor Wendy Patrick said Biden’s status as a first-time offender could prevent him from suffering any custodial consequences of any consequence.
“We’ve seen a lot of hybrid ways in which sentences can be imposed but upheld,” Patrick told NewsNation. “If there was an arrest order, could it be served under house arrest or could it not be served unless there was a parole violation?”
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A television monitor shows the verdict in Hunter Biden’s trial in the Brady Press Briefing Room of the White House in Washington, D.C., June 11, 2024. A jury found Hunter Biden guilty on June 11 on federal gun charges in a first historic criminal prosecution of the son of a sitting US president. President Joe Biden’s 54-year-old son has been convicted of the three federal charges he faces, CNN and other US media outlets reported. (Photo by SAUL LOEB/AFP) (Photo by SAUL LOEB/AFP via Getty Images) -
WILMINGTON, DELAWARE – JUNE 11: (L-R) First Lady Jill Biden, Hunter Biden, son of US President Joe Biden, accompanied by his wife Melissa Cohen Biden, leave the J. Caleb Boggs Federal Building on June 11, 2024 in Wilmington, Delaware. A federal jury convicted Hunter Biden of all three federal gun charges he faced. (Photo by Anna Moneymaker/Getty Images)
To obtain the conviction, prosecutors used portions of Hunter Biden’s 2021 memoir “Beautiful Things,” in which he detailed his struggle with alcohol and drug abuse following the death of his brother Beau.
The conviction against Biden came after the prosecution and defense approached a plea deal. However, the matter went to trial after the judge, appointed by former President Donald Trump, expressed concerns about the settlement.
When will Hunter Biden be sentenced?
The judge said the ruling will likely be handed down within 120 days, which could contravene Biden’s Sept. 5 trial on the tax charges. That trial was postponed due to the timing of the court case involving the gun charges.
Biden could still avoid serving any prison time, Patrick told NewsNation. She said the judge — when considering Biden’s sentence — should consider whether a similarly situated offender who was convicted for the first time could face prison time. If the answer is no, Patrick said, Biden deserves the same consideration.
In a statement released Tuesday, President Biden reiterated that he will accept the outcome and respect the judicial process as his son’s legal team considers an appeal of the ruling. Still, Patrick believes that, appeal or not, Hunter Biden can move forward with the conviction.
“There are many unique opportunities for first-time offenders who are gainfully employed and have kicked the habit, so to speak, as Hunter needs to be able to lead a productive life instead of going to jail,” Patrick said.
What’s next for Hunter Biden?
In addition to the three felony charges he was convicted of on Tuesday, Biden also faces six misdemeanor tax charges, which will be tried this fall. Biden is accused of failing to pay $1.4 million in federal taxes between 2016-19.
Prosecutors allege in this case that Biden lived an extravagant lifestyle and did not pay federal taxes at a time when he struggled with addiction. Back taxes have already been paid.
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Under the proposed plea deal, Biden would have gotten two years of probation after pleading guilty to misdemeanor tax charges. He also would have avoided prosecution on the gun charge if he had stayed out of trouble.
Like the trial that just concluded, Biden’s second trial comes as President Biden seeks a second term in a rematch with Trump in November. Hunter Biden’s lawyers have said the charges against the younger Biden are politically motivated.
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