Court Battles

After Hunter Biden’s conviction, what’s next?

President Biden’s son was found guilty on Tuesday of three felony counts over lying on federal forms about his drug use to illegally purchase a gun making him the first child of a sitting president to be criminally convicted.

The verdict followed about three hours of deliberation from a jury of 12 Delaware residents after the defense rested its case on Monday without calling the president’s son to the witness stand.

The trial lasted roughly a week and primarily focused on the younger Biden’s addiction to crack cocaine, which he has openly admitted became worse after the 2015 death of his brother, Beau Biden.

Multiple women from Hunter Biden’s 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.

Here’s what to know about the conviction and what comes next:


What was Hunter Biden convicted of?

Hunter Biden, 54, was found guilty of all three felony gun charges for lying in 2018 on a mandatory firearm-purchase form on which he claimed he was not using or addicted to illegal drugs. He then purchased the gun and unlawfully possessed it for 11 days.

The charges include two counts of failing to disclose drug use when seeking to buy a weapon and a third charge for the unlawful possession of a firearm while addicted to a controlled substance.

President Biden reaffirmed last week he would not pardon his son and would accept the outcome of the case.

In remarks Tuesday, Biden said, “As I said last week, I am the President, but I am also a dad. I love our son, and we are so proud of the man he is today.” 

Will Hunter Biden go to prison?

The president’s son faces a maximum penalty of 25 years in prison and $750,000, though actual sentences for federal crimes are often less than the maximum penalties, especially for first-time offenders.

The United States Sentencing Commission, which issues recommended sentencing guidelines, said a defendant like Hunter Biden would usually face 15 to 21 months in prison.

This will be wholly determined by the judge. Prior to sentencing, the younger 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.

Some legal experts believe Hunter Biden will not be incarcerated given 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.

When will Hunter Biden be sentenced?

U.S. District Judge Maryellen Noreika has not set an exact sentencing date.

Defendants convicted in Delaware federal court are usually sentenced within 120 days of the conviction. If this carries through for Hunter Biden, sentencing will take place no later than a month before the November presidential election.

Hunter Biden’s upcoming tax trial

Over on the West Coast, Hunter Biden is expected to stand trial on federal tax charges in September after the proceedings were pushed to the fall, given the gun trial.

He is accused of failing to pay at least $1.4 million in federal taxes from 2016 through 2019. The nine felony and misdemeanor tax offenses allege the younger Biden tried to evade the assessment of taxes in 2018 by filing false returns and instead used the money to fund an indulgent lifestyle that included drugs and alcohol.

He has pleaded not guilty to the charges, and his attorneys claim the case, like the gun one, is politically motivated and influenced by the separate House GOP investigation into Biden’s business dealings.