Joe Biden’s son, Hunter, found guilty in gun trial: Will he go to prison?

On Tuesday (11 June), Hunter Biden, son of US president Joe Biden, entered history books by becoming the first offspring of an American president to be convicted of a federal crime. A jury found 54-year-old Biden guilty on two counts related to false statements in purchasing the firearm and a third count of illegally obtaining a firearm.

Shortly after being convicted, President Joe Biden expressed his “love and support” for his son, saying: “I am the president, but I am also a dad.”

“So many families who have had loved ones battle addiction understand the feeling of pride seeing someone you love come out the other side and be so strong and resilient in recovery. I will accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal.”

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Hunter now awaits sentencing — the maximum he could receive is 25 years in prison, though experts say such a term is very unlikely.

We take a closer look at what exactly is the case and what happens next.

What is the Hunter Biden case?

Tuesday capped a one-week long trial stemming from Hunter Biden ’s decision to purchase a handgun in 2018 while he was addicted to crack cocaine. While Hunter did not take to the stand all through the trial, multiple women from his life were called to testify about his drug use, including his ex-wife Kathleen Buhle, his late brother’s widow; Hallie Biden, whom he had a brief relationship with; and an ex-girlfriend. His daughter, Naomi Biden, also testified, detailing her father’s drug use and stints in rehab.

Earlier in his memoir, Beautiful Things, Biden has written extensively about his addiction and claimed that at the time he bought the revolver he did not consider himself to be an addict.

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And on Tuesday after deliberating for about three hours over two days, the jury found the 54-year-old US president’s son to be guilty on all counts.

Special counsel David Weiss, who brought the case against Hunter Biden, addressed reporters following the verdict. “No one in this country is above the law,” Weiss said. “Everyone must be accountable for their actions, even this defendant.”

He added that the case was “not just about addiction.”

“This case was about the illegal choices the defendant made while in the throes of addiction, his choice to lie on a government form when he bought a gun, and the choice to then possess that gun,” Weiss said.

Meanwhile, Judge Maryellen Noreika said she would get back in touch with the parties to schedule a sentencing date in the next 120 days.

Jail or no jail?

After being convicted, the question everyone is asking is: Will Hunter Biden go to prison? The president’s son faces a maximum penalty of 25 years in prison and $750,000 (Rs 6.26 crore). However, sentences for federal crimes are often less than the maximum penalties, especially for first-time offenders, such as Hunter Biden.

As per the United States Sentencing Commission, which sets recommended sentencing guidelines, someone like Hunter Biden would typically face 15 to 21 months’ imprisonment. This would be decided by the judge in his case. Prior to sentencing, Biden will likely meet with a federal probation officer who will interview him and issue a report with recommendations, while his lawyers and federal prosecutors will file memos to the judge with their own recommendations.

Legal experts are of the opinion that Biden won’t be imprisoned as he has no record and has complied with terms of his pretrial release, which includes monthly drug testing. He also did not use the firearm to commit a violent crime, another factor that could be taken into consideration during sentencing, Reuters noted.

A New York Times report has said that from 2019 to 2023, only 52 defendants were sentenced in a similar category as Biden and 92 per cent were sentenced to serve prison time of an average of 15 months. However, a factor that could complicate matters for Hunter is that in most other cases the defendant pleaded guilty before it could go to trial — showing an acceptance of responsibility for their crimes.

South Texas College of Law Houston professor Dru Stevenson was quoted as telling the BBC it would be “bizarre and unprecedented” if Biden was to receive anything close to five years.

Will Biden appeal the conviction?

With the judge saying that she would get back within 120 days to decide on sentencing, all eyes have turned to Hunter Biden and his team on whether they would appeal the conviction. Hunter’s lawyer, Abbe Lowell, has said he would continue pursuing legal challenges.

He also accused Justice Department special counsel David Weiss of prosecuting Biden vindictively because few people are charged under the law wielded in Biden’s case.

Will Joe Biden pardon Hunter?

Before the guilty verdict, President Biden said he would not pardon his son. When asked in an interview with ABC News if he would rule out the option, he said: “Yes.”

After the verdict he appears to be sticking to the same message.

On Tuesday, he said in a statement: “I will accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal.”

What are Biden’s other legal woes?

This isn’t the only legal challenge for Hunter Biden. In addition to the gun case, Biden is facing separate federal charges in California over allegations that he evaded a tax assessment, failed to properly file and pay taxes and filed a fraudulent tax return.

According to prosecutors he used the money to fund an extravagant lifestyle which, by his own admission, included drugs and alcohol. The president’s son has since repaid the back taxes.

A Reuters report has said that having been convicted once, he could face a greater sentence if found guilty again.

With inputs from agencies