Plaxico Burress Looking at Jail for Gun Possession: Manhattan DA Presenting Weapon Case to Grand Jury

Crotty Saland PC has been following the Plaxico Burress case since its inception. In fact, Jeremy Saland’s legal analysis has been sought out and utilized by CNNSI.Com, AM-NY and the NJ Star Ledger. Well, according to the NY Post, legendary Manhattan DA Robert Morgenthau is seeking a term in state prison for Plaxico Burress while one of his prosecutors begins presenting the wide receiver’s Gun Possession case to the Grand Jury. Mr. Burress is due back in Manhattan Criminal Court Part F on September 23. If a Grand Jury indicts Mr. Burress for the charge of Criminal Possession of a Weapon in the Second Degree for possessing a loaded firearm, however, the case will be adjourned to the Supreme Court Criminal Term in Manhattan for his felony arraignment on the indictment.

If the NY Post is correct, Mr. Morgenthau has been seeking two years of state prison while the defendant’s attorney has stated Mr. Burress refused to do more than a year on Riker’s Island (which would likely be much less due to “good behavior”).

Currently, Mr. Burress faces two charges of Criminal Possession of a Weapon in the Second Degree, pursuant to NY Penal Law sections 265.03(3) and 265.03(1)(b). “C” violent felonies, both of these theories of the same crime carry a minimum sentence of 3.5 years and maximum sentence of 15 years upon a conviction. Although these are the only crimes that the defendant appears to be currently charged with on the criminal court complaint, prosecutors are not “stuck” with these charges if the case is presented to the Grand Jury. Additional charges, such as felony Reckless Endangerment (a class “D” non-violent felony punishable by no jail and up to 2 1/3 to 7 years in state prison) could be presented to the Grand Jury at the appropriate time.

Whatever the outcome, Mr. Burress has a long road ahead of him and has reason to be concerned due to the potential sentence he faces. As former Manhattan prosecutors under Robert Morgenthau and as criminal defense attorneys in Manhattan representing clients throughout New York City, we have extensive experience with these crimes. In fact, Crotty Saland PC recently obtained an Adjournment in Contemplation of Dismissal (ACD) for one client and a Disorderly Conduct for another client charged with Criminal Possession of a Weapon in the Second Degree. Charged with possessing loaded handguns, our clients were understandably fearful that they could end up in jail. That being said, they could not have been happier when we worked out deals for them that not only avoided criminal records, but any jail at all.

As this moves along the path to what will likely be an “exciting trial,” I expect that we will learn more about what happened that evening. Who else gets caught up in this case (Antonio Pierce) and the evidence that is presented will certainly captivate the media for months to come.

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