Update on the Plaxico Burress Gun Possession Case
Plaxico Burress is back in court today. The New York Giants wide receiver is expected in court today for another appearance concerning his gun possession charges in New York. Currently, the defense team is in negotiations with prosecutors over a potential plea deal. As a result, the appearance today will most likely result in an adjournment while both sides attempt to work out a deal for the all pro wide receiver.
Burress has been charged with second-degree criminal possession of a weapon, a felony that carries a minimum prison sentence of 3 1/2 years in prison and a maximum of 15 years upon conviction. According to a recent article by the AP, more than eight out of ten people arrested in New York City last year on the same charge received reduced charges, although some did include jail time. Further, only about 14% of the people charged last year with the same charge that Burress faces were ultimately convicted of it. Of the 1,248 people in New York City initially arrested on second-degree criminal weapons possession in 2008, 184 were convicted of the charge. About half were convicted of a misdemeanor or violation, and the remaining convictions were usually lesser felonies with some jail time.
So about half of the second degree possession of a weapon charges last year ended up as a misdemeanor or a violation which would almost certainly result in no jail time for a first time offender like Burress. Moreover, prosecutors typically consider past criminal history, arrest circumstances, and the reason for having the weapon when offering reduced charges in gun possession cases. Burress has no criminal record and he was carrying the gun for safety purposes as another New York Giant, Steve Smith, was robbed at gunpoint three days earlier.
Based on all the circumstances, it looks like Burress should receive a downgraded charge and stay out of jail. However, Mayor Bloomberg has been extremely outspoken on this issue and may want to make a statement using Burress. It would be a real shame if Burress spent years in prison in order to make a political statement. In any other case, this charge would almost always end up in a plea agreement to a downgraded offense. Just because he is a celebrity and this is a well known case doesn't mean that the result should be any different.
