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Originally Posted by gales0678
i don't think he will do jail time - it's an opinion , i think the giants were just tired of him , but, i say he gets community service
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I don't know where this idea that he may not do jail time is coming from, but I do know New York State law. The charge that he is facing is called a Class C Violent Felony which carries a minimum of 3 1/2 years jail, maximum 15 years. Even if he could somehow get the Manhattan District Attorney to offer a lower level felony where generally there is no minimum jail sentence, there is a specific exception for loaded guns that requires a minimum of a 1 year jail sentence, unless mitigating circumstances can be shown. While an argument can be made that mitigating circumstances exist here in that Burress did not point the gun at or threaten anyone with it, he did not shoot or hurt anyone other than himself, and there does not seem to be any intent to use it other than to have it to defend himself, Judges will rarely agree to mitigating circumstances and it is a tough sell in any case, let alone one being scruitinized by the media.
The Manhattan DA, as most prosecutors in the New York Metropolitan Area, tend to be tough on loaded guns. While nothing surprises me in criminal law, I do have to believe that considering the plea bargain statutory restrictions, it is highly likely that Burress is going to jail for at least a year, or more likely, at least 2 years even on a reduced plea bargain.
There is a reason why the Giants cut ties with him.