Alec Baldwin wins battle to drop key charge in involuntary manslaughter case

Lawyers for the Hollywood actor, 64, argued that New Mexico prosecutors had committed an ‘unconstitutional and elementary legal error’ by charging him under a statute that did not exist at the time of the fatal Rust shooting.

The first charge can be referred to as involuntary manslaughter and requires proof of underlying negligence. The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death, and includes a firearm enhancement, which makes the crime punishable by a mandatory five years in jail.But in a filing this month, Baldwin’s lawyers said such enhancement had only been enacted last May, seven months after the incident, and that the charge was ‘unlawful’.

‘The prosecutors in this case have committed an unconstitutional and elementary legal error by charging Mr Baldwin under a statute that did not exist on the date of the accident,’ the motion read. ‘It thus appears that the government intended to charge the current version of the firearm enhancement statute, which was not enacted until May 18, 2022, seven months after the accident.’The filing added: ‘Mr Baldwin also respectfully requests that the Court decline to bind over that enhancement.’According toThe outlet reports that, if Baldwin is convicted of involuntary manslaughter, he would face up to 18 months behind bars, but the judge could give him less, or even probation.

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