Will Hunter Biden Go to Jail? Here’s What His Sentence Could Look Like

When the judge presiding over Hunter Biden’s federal gun trial sentences him, she will have to weigh a number of unusual factors specific to his case.

Mr. Biden was convicted on Tuesday of three violations that rarely go to trial — all stemming from his failure to disclose his use of illegal drugs when he bought a gun in 2018. The charges included illegally possessing a firearm, giving a false statement in buying it, and providing that false statement to a licensed gun dealer responsible for making sure guns are sold only to properly qualified customers.

According to themost recent manual published by the United States Sentencing Commission, which sets recommended sentencing guidelines, someone in Mr. Biden’s position would typically face 15 to 21 months’ imprisonment for offenses relatedto the unlawful receipt, possession, or transportation of firearms.

From 2019 to 2023, just 52 defendants were sentenced in a similar category as Mr. Biden, and 92 percent were sentenced to serve prison time with a median prison term of 15 months, according to the commission’s data. Around 8 percent of people in that category received probation or a fine.

But judges frequently depart from the suggested guidelines when handing down a sentence and may reduce the time spent in prison in light of the particular circumstances unique to each case.

Mr. Biden, as a nonviolent first-time offender and as someone who was not accused of using the weapon in another crime, did not commit any of the aggravating factors that a judge might normally consider in setting a harsher sentence. (Examples would include making a straw purchase to transfer a gun to somebody who could not buy one legally.)