Jim Walden, a former federal prosecutor, was on both ESPN and WFAN with Mike Francessa today, and gave some good insight into the Plaxico Burress situation. Jim assumed that there is a chance that Plaxico might not serve any jail time.
He said that Burress was charged with 2 felony counts of unlawful possession of a concealed firearm. One is a level "C" felony, which carries the mandatory 3.5 year minimum. The other is a level "D" felony. That does not carry the mandatory minimum.
The catch is that, according to Walden, that you need to prove intent to use the weapon on another. So basically they would have to prove Burress brought the gun with intent to use.
So Walden painted the picture that Plax might even be able to get no jail time.
Then another lawyer came on, Steve Callus, and painted a different picture. Callus is a NYC attorney and said that the law was changed last year. Now a C felony does not have to prove intent.
Another lawyer posted on a blog that also debunked Walden. Read it here:
Just another turn in the apparent never ending news cycle that is Plaxico Burress.