Alec Baldwin's Involuntary Manslaughter Charges Reduced
Last month, Santa Fe County, New Mexico prosecutors charged actor Alec Baldwin with Involuntary Manslaughter. Until this week, he faced up to five years in prison if convicted under the statute of the original gun charge. In any gun case, charges and sentencing can vary greatly depending on how the weapon was used or perceived to be used.
Involuntary Manslaughter is considered a violent crime and can be charged as a felony of the first degree (F1) like Voluntary Manslaughter, or it can be charged as a lesser felony depending upon the circumstance. In Alec Baldwin’s case, the charge was an F4 or felony of the fourth degree, for which a conviction is punishable with prison time. That time can be extended through enhancements to the sentencing guidelines.
An experienced defense attorney will try to get the best possible outcome for their client by getting the charges reduced prior to the initial appearance. In Baldwin’s case, that is Friday, February 24 at 10 AM in front of Judge Mary Marlow Sommer.
This week, Alec Baldwin’s defense team was able to get the prosecutor to reduce the charges to not include the “unlawful” enhancement, which now leaves Mr. Baldwin facing a maximum of 18 months in prison if convicted, rather than the 5-year mandatory prison sentence required for the initial charge. The same charge and terms will apply to the armorer for the Rust movie set, Hannah Gutierrez-Reed.
The defense strategy for every manslaughter case is unique because every accusation, investigation, and other detail is unique to the circumstances under which they occurred.
Thus far in the Baldwin case, the defense has focused on the precise wording of the New Mexico statute 30-2-3(B) at the time of the original charge on October 21, 2022, which included the description of “brandishing,” which, according to the defense team, was not one of the accusations by law enforcement. On Feb 20, the “unlawful” enhancement was removed.
On February 7, Alec Baldwin’s defense team also filed a motion to remove the special prosecutor, Andrea Reeb under Article III of the Constitution of New Mexico. However, as of today the State has only filed for an extension of time to respond to their request.
How Can An Experienced Defense Attorney Defend a Violent Crime Charge or Gun Charge?
Any crime in which someone uses, threatens to use, or tries to use physical force against someone else is considered a violent crime. If a gun is involved, whether it’s fired at someone or into a domicile makes a difference to the prison sentence a conviction carries.
Chapter 2903 of the Ohio Revised Code (ORC 2903) lists several types of violent crime charges from aggravated murder to felonious assault that can be enhanced when a gun specification is added to the charge.
If you or someone you know is facing such an accusation, even if it was self-defense, an experienced criminal defense firm acting early in the investigation can provide the legal help needed.
Seeking retained counsel early in the case will give your defense the opportunity to identify specific statutes that may defend your rights. Although they don’t apply in Alec Baldwin’s case, laws such as a Stand Your Ground or No Duty to Retreat law, such as the Castle Doctrine may be critical to the defense of your rights.
Contact us at (740) 883-3400 today.
Written by The Law Office of Brian Jones, LLC
- Dr. Benjamin Jackoby
- Dr. Hank Jackoby
Resources:
- Jacobs, Julia, February 20, 2023. The New York Times www.newsweek.com
- New Mexico Courts. www.nmcourts.gov
- February 22, 2022. https://en.wikipedia.org