(NewsNation) — Now convicted of three felony gun charges, Hunter Biden, the son of President Joe Biden, awaits sentencing, which could bring up to 25 years in prison along with another trial this fall when he faces misdemeanor tax charges.
Biden was found guilty of the charges, including lying about being a drug addict on an ATF form and being in possession of a weapon as a drug addict, by a jury on Tuesday. The maximum penalty for the three charges is 25 years in prison and fines up to $750,000.
A jury deliberated for just less than three hours before returning the guilty verdict on the charges that are linked to a gun Biden purchased and kept for about 11 days in Delaware. Biden has acknowledged an addiction to crack cocaine during that period, but his lawyers have said he didn’t break the law.
Will Hunter Biden face jail time?
Despite the conviction and the maximum sentence of 25 years in prison, trial attorney and NewsNation legal contributor Wendy Patrick said Biden’s status as a first-time offender could keep him from suffering any custodial consequence of any significance.
“We’ve seen lots of hybrid ways in which sentences can be imposed but stayed,” Patrick told NewsNation. “If there was jail time ordered, could it be served under house arrest, or could it not be served at all unless there was a violation of probation?”
In obtaining the conviction, prosecutors used portions of Hunter Biden’s 2021 memoir “Beautiful Things” in which he detailed his struggles with alcohol and drug abuse in the wake of the death of his brother Beau.
The conviction against Biden came after the prosecution and defense were nearing a plea deal. However, the matter went to trial after the judge, who was appointed by former President Donald Trump, raised concerns over the agreement.
When will Hunter Biden be sentenced?
The judge has said sentencing will likely be handed down within 120 days, which could bump up against Biden’s Sept. 5 trial on the tax charges. That trial was pushed back due to the timing of the court proceedings involving the gun charges.
Biden could still avoid serving any jail time, Patrick told NewsNation. She said the judge — when considering sentencing for Biden — must consider whether a similarly situated offender who was convicted for the first time could be facing prison time. If the answer is no, Patrick said, Biden deserves the same consideration.
In a statement issued Tuesday, President Biden reiterated he will accept the outcome and will respect the judicial process as his son’s legal team considers an appeal to the ruling. Yet, Patrick believes that, appeal or not, Hunter Biden can move on from the conviction.
“There are lots of unique opportunities for first-time offenders who are gainfully employed who have kicked the habit so to speak as Hunter has to be able to lead a productive life instead of go to jail,” Patrick said.
What’s next for Hunter Biden?
In addition to the three felony charges that he was convicted of on Tuesday, Biden also faces six misdemeanor tax charges, which he will go to trial on this fall. Biden is accused of not paying $1.4 million in federal taxes between 2016-19.
Prosecutors allege in that case that Biden lived an extravagant lifestyle while failing to pay federal taxes at a time when he struggled with addiction. The back taxes have since been paid.
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 stayed out of trouble.
Like the trial that just concluded, the second Biden trial comes as President Biden is seeking a second term in a November rematch with Trump. Hunter Biden’s attorneys have said that the charges against the younger Biden are politically motivated.