A day after Plaxico Burress was charged with illegal possession in connection with his self-inflicted gunshot wound over the weekend, the New York Giants fined and suspended Burress on Tuesday for four games and placed him on the reserve non-football injury list, essentially ending his football season. Further suspensions could come from NFL commissioner Roger Goodell down the road. With his football career in limbo, the focus now turns to Burress’ legal situation. New York City Mayor Michael Bloomberg has already expressed his thoughts on the matter by stating that “it would be an outrage if we didn’t prosecute to the fullest extent of the law, particularly people who live in the public domain. If we didn’t prosecute to the fullest extent, then I don’t know who on earth you would.”

Some, like Bloomberg, have argued that Burress should face the fullest extent of the law. Others have argued that society gains nothing by having Burress incarcerated for 3 ½ years, but rather would best benefit by having a remorseful Burress have to rehabilitate his life by conducting community service in the eye of the public.

Personally, I agree with Mayor Bloomberg’s position. However, in my opinion, it’s not because Burress “lives in the public domain” that he should be prosecuted to the fullest extent of the law. I am of the belief that celebrities should not be punished more because they are celebrities; however, they should be punished just as much as any other average citizen. And that’s why Burress should serve jail time. Burress should not be treated any more lenient than Joe Average, Joe Six-Pack, Joe the Plumber, Jane Q. Public, or Jane Q. Taxpayer.

My hope is also that this somehow is not turned into a race thing. That somehow Al Sharpton or other opportunistic zealots do not try to insult the public’s intelligence by making this into a black/white thing. It’s not. This is not a black/white thing. This is a poor/rich thing, a famous/Average Joe thing.

Question: If Plaxico Burress was not a famous NFL wide receiver, playing for the Super Bowl-defending champions, with the financial resources to hire one of the most expensive and high-profile criminal defense attorneys in the country (who by the way was the attorney who got P. Diddy off the hook a few years back on his own shooting charge), would we even be discussing the possibility of him NOT serving jail time? No! If Burress was Plaxico Burress the MTA Train Conductor, or Plaxico Burress the Starbucks Barista, or even Plaxico Burress the Investment Banker accused of shooting himself with an unregistered gun he’s not licensed to carry, he’d be quickly convicted and sentenced to the statute’s minimum jail time of 3 ½ years.

For anyone to suggest that anything less than jail time is appropriate for Burress is to insult every citizen of New York. Sure, Burress deserves his day in court, but does the Burress team really think that the public are fools? The guy is guilty of gun possession and possibly a lot more (perhaps reckless endangerment among other charges).

FACT: He was in possession of a gun? We know this because he shot himself. The evidence would be that bullet that struck his leg and the gun that has been recovered by the police.

FACT: Burress does not have a license to carry a concealed weapon (or any weapon) in New York State.

FACT: New York State law carries a minimum jail sentence of 3 ½ year for a conviction of illegal gun possession.

Let’s see – Burress had a gun, evidenced by the fact that he shot himself, AND he does not have a license to carry said gun in the State of New York. 1 + 1 = guilty.

To allow Burress to avoid jail time on this charge is to have the District Attorney say to the citizens of New York that the laws apply differently to celebrities than the rest. It’s saying that rich and famous can, at times, be above the law. Look, I’m not saying punish Burress because he is a celebrity, but punish him to the same extent that you would any other average citizen of New York. There is one law on the books with no caveats for rich/famous and average/poor – one law to govern all equally. For these reasons, I say that Burress should serve jail time, but that’s just my two cents.

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