The defense team of Hunter Biden is likely "banking on" the jury deadlocking on a verdict in the first son's historic criminal gun trial, according to a legal expert who told Fox News Digital. 

"That’s what Hunter Biden and his defense team are banking on in this case," Heritage Foundation senior legal fellow Zack Smith told Fox News Digital when asked if the trial could result in a hung jury or even acquittal.

"Legally speaking, it didn’t really seem like Hunter Biden has a defense to these charges," Smith continued.

"Particularly, some of the jurors might have had family or friends struggling with substance abuse issues and have some sympathy for Hunter Biden and his substance abuse issues."

Trail Progression

Trial proceedings for Hunter Biden, who is accused of three felonies related to the 2018 acquisition of a .38 revolver from a Delaware gun store, commenced last Monday in a federal court in Wilmington, Delaware. To the accusations, he has entered a not-guilty plea.

As part of their investigation, prosecutors are trying to show that in October 2018, Hunter Biden lied on a federal firearm form (ATF Form 4473) by checking a box labeled "No" when questioned about his history of illegal gun usage or drug addiction.

No president's child has ever been tried in a U.S. courtroom before.

Hunter Biden's history of drug addiction is extensively documented. His memoir "Beautiful Things" delves into this addiction, telling readers about his crack cocaine cravings every 20 minutes, his connection to a female dealer he called "Bicycles" who sold him crack on the streets of Washington, D.C., and his ability to serve as a "crack daddy" to dealers as his addiction spiraled out of control.

Claims by Defense

Hunter Biden has a history of substance abuse, and his defense team acknowledges this. However, the first sonwas not using crack cocaine or considering himself an active addict on October 12, 2018, the day he bought the handgun, according to their argument, which cites his recent stay in recovery.

Prosecutors are attempting to establish that Hunter Biden was dependent on crack cocaine, before, during, and after purchasing the firearm,

According to Smith's remarks to Fox News Digital, the jury may be unable to reach a unanimous decision due to a deadlock: "It’s certainly a possibility that you could have a hung jury. It’s a very real possibility. You only need one juror as a holdout," Smith explained.

"But even those who may have some sympathy for Hunter Biden and his struggle with substance abuse, I thought Hallie Biden’s testimony was problematic for him."

Hunter, Beau, and Hallie

Beau Biden, Hunter Biden's brother, passed away in 2015 from brain cancer, and Hallie Biden is his widow. After her husband passed away, Hallie Biden began dating Hunter Biden, who the prosecution later called as a witness.

In her testimony to the jury, Hallie Biden detailed the ups and downs of her relationship with Joe Biden, focusing on the time when Biden introduced her to crack cocaine and her subsequent recovery.

Following their breakup, Hallie and Hunter Biden are no longer dating. Last weekend, Hallie tied the knot with John Hopkins Anning, and they are now both attending court.