Burress Will Surrender to Authorities on Monday

Plaxico Burress at Giants

LANDOVER, Md. — Giants receiver Plaxico Burress, who accidentally shot himself in the thigh Friday night at a Manhattan nightclub, will surrender to the New York City police on Monday morning and will be charged with criminal possession of a handgun, according to his lawyer, Benjamin Brafman.

Burress will plead not guilty, said Brafman, whom Burress hired Sunday and who has represented high-profile defendants like the rapper Sean Combs.

“I ask his fans and the New York Giants to withhold judgment in this case until the facts come out,” Brafman said in a telephone interview, adding that he did not yet know what the possible punishment for Burress could be.

“It depends on the degree of crime that they charge him with, and they have not told me that yet,” he said.

According to state law, a person carrying a gun outside of his residence or place of business without a permit faces three and a half to 15 years in prison if prosecutors prove that the person intended to use the weapon on another person. If intent to use cannot be proven, the person may still face felony charges that could result in up to seven years in prison.

Burress, whose bullet wounds were not serious, remained at his home in Totowa, N.J., on Sunday, when the Giants played the Redskins here at FedEx Field. He met with Brafman for about an hour, after which Brafman characterized Burress’s emotional state as “clearly not pleased about these events.”

As of game time Sunday, Burress — who had been out of Sunday’s game with a hamstring strain in his now-wounded right leg —had still not contacted the Giants regarding Friday’s incident. He has not returned telephone calls, the Giants’ general manager, Jerry Reese, said.

Officials from the Giants and the N.F.L. said it was too soon to determine how, or if, Burress would be disciplined for the incident that involved Burress’s possession of a firearm without a permit.

The Giants’ president, John Mara, said it was too early in the investigation to make any decisions about Burress’s future with the team.

“Right now, we’re at the stage where we’re going to wait until the investigation plays out and get all the facts,” he said before Sunday’s game. “There are a lot of unanswered questions out there.”

Burress did not have a permit to carry a concealed weapon in New York City, according to the police. It is a felony for a person to possess a loaded unlicensed handgun in a place other than his residence or business.

Also, under the league’s personal-conduct policy, violations of local gun laws can result in a player’s suspension.

Brafman said that Burress held a gun permit in Florida. On-line records show that the permit expired on May 21, but, even if it was renewed, it would not matter. According to New York law, a person must hold a New York gun permit to carry a concealed weapon in the state.

Burress also did not have a permit to carry a firearm in New Jersey, his state of residence, according to Chief Robert Coyle of the Totowa Police Department. He added that a Florida permit is not recognized in New Jersey. “He wouldn’t be able to carry here at all,” he said.

Mara said that the issue of players carrying guns arose when team owners met with officials from the players’ union in February. To prevent situations like Burress’s, the league and its teams meet with players every year to try to educate them about gun possession, and the complications of it.

“Players, for whatever reason, feel the need to carry guns,” Mara said before the game. “It’s not something that we’re particularly pleased about, but that is the choice that they make. You’d like to think that most of them are licensed to do that, but I’m not sure that is always the case.”

Both Mara and Reese said they were still unclear about the circumstances surrounding the shooting, which resulted in Burress being both treated and released by a hospital within 24 hours. The bullet broke through the skin of his right thigh and pierced muscle tissue, but no bones and arteries were compromised.

But it is not the first time they have had to deal with controversy involving Burress, who caught the winning touchdown pass in last season’s Super Bowl and who signed a five-year, $35 million contract with the Giants just before the season opener.

Burress, 31, was suspended for 12 days this season, including for a victory over Seattle, because he missed meetings without explanation. He was also fined by the league for criticized officials during another game.

“I’m disappointed that this happened and that any of our guys would put themselves in this kind of situation,” he said. “Our first concern is for Plaxico’s health and well-being. We’re very relieved to find out that he’s going to be O.K.”

While Burress stayed at home and out of touch, Giants linebacker Antonio Pierce, who was with Burress at the nightclub, was left to deal with the aftermath of the incident that occurred at the Latin Quarter nightclub on Lexington Avenue at 48th Street, blocks from the N.F.L.’s headquarters on Park Avenue.

On Saturday, National Football League security officials interviewed Pierce, who started the game Sunday, at the team hotel in Washington, Giants officials said. Pierce has been cooperating with the investigation.

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