Morgenthau says he intends to seek jail time for the NFL wide receiver even if he pleads guilty to a lesser gun charge for a November shooting at a New York nightclub, the New York Post reported Monday.
"We've always taken the position that he's going to have to go to jail, whether by trial or by plea," the district attorney said.
Morgenthau says Burress has agreed to jail time for the incident, which left him with a self-inflicted gunshot to his leg, but the wide receiver does not want to serve more than a year.
Prosecutors are seeking two years of jail time for Burress, 31, if he does agree to the lesser charge plea deal.
Attorney Benjamin Brafman, who is representing Burress, told the Post his client is considering testifying in his grand jury case following failed negotiations with prosecutors.
"Now that they have drawn a line in the sand, this is going to be a battle," Brafman said.