The Mitigating and Aggravating Factors Behind a Potential Criminal Sentence for Hunter Biden

Hunter Biden was convicted of three felony charges related to the purchase of a revolver in 2018. The trial occurred in Delaware, his home state. President Joe Biden’s son was charged with lying on a mandatory gun-purchase form by stating he had not illegally used or was addicted to drugs. President Biden stated after the verdict was made public that he would accept the outcome and would not pardon his son.  

Hunter Biden faces up to 25 years in prison when he is sentenced by U.S. District Judge Maryellen Noreika. The sentencing hearing has not been set yet. Hunter Biden’s lawyers have promised to pursue all appeals possible. 

What Mitigating Factors Could Lessen Hunter’s Potential Sentence?  

A mitigating factor is a reason that may reduce the sentence of a criminal defendant. Mitigating circumstances might be personal to the offender or linked to the crime. Mitigating factors may include:  

• First Time Offender – A defendant who has no prior convictions may be given a lighter sentence. Everyone makes mistakes and while they may not justify a “not guilty” verdict, it may help reduce the punishment.  

• Remorse – A defendant who expresses and demonstrates remorse for their actions and accepts responsibility may get a reduced sentence. Defendants who apologize and demonstrate atonement are less likely to commit crimes afterwards.  

• Family Tragedy – A defendant who has a tough childhood or whose life is clearly harder than most may receive some leniency at sentencing.   

What Aggravating Factors Could Increase Hunter’s Potential Sentence?  

An aggravating factor is a factor related to a crime charged that may increase the sentence of a criminal defendant. Aggravating factors may include: 

• Repeat Offenses – In all states, defendants with prior convictions will likely receive a harsher punishment than a defendant with no prior convictions.  

• Conduct in Court – The sentencing judge may take that into account how a defendant acts in court at the time of sentencing. A defendant who is disrespectful and annoys the judge may receive a greater sentence. 

Hunter Biden may get a lenient sentence as he is a first-time offender. He also has a tragic past that lead to his drug abuse – his mother and sister passed away in an automobile accident that he was part of when he was young. Hunter’s brother also passed away around 2015 from cancer. These factors all likely lead to his drug use and could be considered in giving him a reduced sentence.  

However, Hunter was an adult when he purchased the revolver in 2018. Hunter was also a licensed attorney (he is facing suspension following his conviction) and should have known the penalties for providing misleading statements when purchasing a firearm.  

Regardless of how one evaluates Hunter’s background though, the prosecution and defense should be able to agree on one fact. Hunter’s relation with President Biden should not have any bearing on his sentencing. There is no evidence, or even allegation, that the President was involved with Hunter’s actions or his prosecution. As such, Hunter’s relation with his father should not be either an aggravating or mitigating factor in his sentence.  

Do I Need a Criminal Defense Lawyer?  

A criminal defense attorney can help build your case and can represent you during all the phases of a criminal trial. Remember, in a criminal case you have the right to an attorney.