Analyzing Raymond Felton’s gun charges, future in NBA

FELTON-articleInline New York Knicks point guard Raymond Felton has been charged with three offenses under New York law for unlawful possession of a firearm. The most serious is second-degree criminal possession, a felony charge that carries a minimum sentence of three and a half years behind bars. Felton’s charges stem from his estranged wife, Ariane Raymondo-Felton, reportedly handing over a Belgian pistol (FNH 5.7×28 mm) to New York police and claiming it belonged to Felton. Raymondo-Felton’s decision to turn over the gun appears connected to a heated argument Felton may have had with his girlfriend, whose name has not been released by law enforcement.

The charges

Unfortunately for Felton, New York is probably the worst state to be charged with illegal possession of guns. Prosecutors do not need to establish how Felton obtained the gun or why he possessed the gun, only that he possessed the gun. Felton has thus been charged with a strict liability offense: if he possessed the gun, he’s guilty and a judge would sentence him to at least three and a half years behind bars. Felton could seek a plea deal in hopes of a lesser sentence. Former NFL star Plaxico Burress, who faced similar charges in New York, ultimately pleaded guilty to lesser charges, but it was far from a legal win for Burress. Burress spent nearly two years behind bars. Plus, as discussed below, pleading guilty would carry legal significance for the NBA as it considers suspending Felton, while the Knicks could potentially try to void the remainder of Felton’s deal.

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