The attempt to avoid more serious charges may center on the quality of evidence implicating him and the willingness of witnesses other than Raymondo-Felton to testify against him. Felton is poised to argue the gun does not belong to him. He would likely describe Raymondo-Felton as unreliable and, given their marital difficulties, driven by an agenda to extract money from him in a divorce. Whether such a tactic would be based on fact or be well received by a judge and jury are separate matters. Felton can also raise questions as to how the police obtained the gun, given that its transport by Raymondo-Felton or her attorney would technically count as unlawful possession. Also, it is unclear if Felton's alleged girlfriend is willing to testify against him. If she saw Felton with the gun, her testimony would prove crucial. But, as a practical matter, she will not be compelled to testify against Felton.
Michael McCann is a Massachusetts attorney and the founding director of the Sports and Entertainment Law Institute at the University of New Hampshire School of Law. He is also the distinguished visiting Hall of Fame Professor of Law at Mississippi College School of Law.