Will Plax Go to Jail?

Given that Plaxico Burress was carrying a loaded, possibly unlicensed weapon in a place that serves alcohol and that said weapon was discharged in public, jail is a real possibility.

After doing some research, it's most likely that Burress will be charged with criminal possession of a weapon in the third or fourth degree. The difference is, if it's in the third degree, it's a felony. If it's a fourth degree, it's a Class A misdemeanor. The fact that it appears Burress was not intending to commit a felony with the weapon on Friday night will likely put him closer to the misdemeanor charge. As for discharging the weapon, that would automatically add five years to the sentence if Burress was in the process of committing a felony.

Burress has retained attorney Benjamin Brafman to defend him. The Newark Star-Ledger's Jenny Ventras reports that Brafman addressed the media today and said Burress will, in essence, surrender to authorities.

"We will make arrangements for Mr. Burress to be present when required," Brafman said. "He's not running away from this. He intends to deal with this responsibly, and we hope it works out in the end. I would ask that the public, the Giants, the media and everybody else withhold judgment. He's presumed innocent, hasn't been convicted of anything, and we have a long road ahead of us."