But again........Wait and calm down............Let's just look into this a little bit further.................What is Plaxico being charged with? He is charged with two felony counts of criminal possession of a firearm in the second degree, a class C felony. That carries up to a 15 year prison sentence. Consequently, Plaxico can get a year of jail time or fifteen years for what is his first offense.
Now after reading this Penal Code, it states the following:
A person is guilty of criminal possession of a weapon in the second degree when: (1) with intent to use the same unlawfully against another, such person:
(a) possesses a machine gun; or (b) possesses a loaded firearm; or (c) possesses a disguised gun; or (2) such person person possesses five or more firearms.
Hey, I'm no lawyer or a mind reader but I don't think Plaxico intended to use that firearm on anyone that night. Seriously, are you kidding me? Please!!!! Let's give the guy some credit and realize that he was not going to go into a club to shoot someone and throw his life and millions of dollar away. I believe it was for protection because of the type of environment he was subjecting himself to. Now that I am assuming that's the case, the grand jury aren't mind readers either so how would they indict Plaxico beyond a reasonable doubt if they wouldn't be able to determine his intentions that night? Right now, he's set to testify today in front of a grand jury and express his intentions that night. I mean the law states that such person has to have intent to use the weapon unlawfully against another.
A person is guilty of criminal possession of a weapon in the second degree when: (1) with intent to use the same unlawfully against another, such person:
(a) possesses a machine gun; or (b) possesses a loaded firearm; or (c) possesses a disguised gun; or (2) such person person possesses five or more firearms.
Hey, I'm no lawyer or a mind reader but I don't think Plaxico intended to use that firearm on anyone that night. Seriously, are you kidding me? Please!!!! Let's give the guy some credit and realize that he was not going to go into a club to shoot someone and throw his life and millions of dollar away. I believe it was for protection because of the type of environment he was subjecting himself to. Now that I am assuming that's the case, the grand jury aren't mind readers either so how would they indict Plaxico beyond a reasonable doubt if they wouldn't be able to determine his intentions that night? Right now, he's set to testify today in front of a grand jury and express his intentions that night. I mean the law states that such person has to have intent to use the weapon unlawfully against another.
After his testimony, things will get pretty interesting.
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