Is Hunter Biden going to jail? What you need to know about the possible sentence after conviction

Washington- Hunter Biden was convicted Tuesday in federal gun trialand now a judge will have to determine whether the president's son should be imprisoned for felony conviction.

Hunter Biden was convicted by the 12-person jury of two counts of making false statements on a federal firearms form about his drug use, and one count of illegal possession of a firearm for a period of 11 days.

All three counts carry up to 25 years in prison and a fine of up to $750,000. But it remains to be seen whether the president's son will be sentenced to prison — an outcome that could have been avoided thanks to a plea deal that fell through last year.

When Biden will be sentenced and what to expect

Judge Maryellen Noreika estimated sentencing would occur 120 days after sentencing, when she will determine whether Hunter Biden faces prison time, although she has not yet set a firm date.

The judge will likely consider a number of factors, including the fact that Hunter Biden is a first-time offender.

Tom Dupree, a former principal deputy attorney general at the Justice Department, told CBS News that he believes Biden would be sentenced to prison, but more likely to a year or two, rather than a longer sentence .

Some legal experts have argued that the charges against Biden are rare, making sentencing in the case difficult to predict.

Jessica Levinson, a law professor at Loyola Law School, told CBS News it's rare for the charge to be brought alone. And she added that she does not expect the president's son to receive the maximum sentence, nor that the prosecution will seek the maximum sentence. Levinson noted that “no one should expect” to see the president's son “behind bars for a quarter of a century,” while making clear that a prison sentence was likely.

Ankush Khardori, a former federal prosecutor, wrote in Politico Magazine that gun charges are “the bread and butter” of federal prosecutors, but he explained that “these cases almost always result in convictions, but they end usually by plea agreements, not jury verdicts.” “.

Hunter Biden was expected to plead guilty to misdemeanor tax charges as part of the plea deal, as well as a pretrial diversion program on the gun-related charges.

Special counsel David Weiss, who filed charges against the president's son after a failed plea deal, said after the verdict Tuesday that “no one in the country is above the law,” adding that “everyone must be responsible for their actions”. even this accused. But he clarified that the principle applies both ways.

“Hunter Biden should be no more responsible than any other citizen found guilty of this same behavior,” Weiss said. “The prosecution has been and will continue to be committed to this principle.”

Could President Biden pardon his son?

Even though Mr. Biden could theoretically pardon his son, the president said last week that he wouldn't do it. In an interview with ABC News, Mr Biden answered “yes” when asked if he had ruled out a pardon for his son. He also said he would accept the trial's verdict regardless of the outcome.

But legal proceedings will likely continue, since Biden can appeal, likely raising a Second Amendment defense.

After the verdict, the president said in a statement that he would “accept the outcome of this case and continue to respect the legal process while Hunter considers an appeal.”

Scott MacFarlane contributed reporting.