Getty 

Alec Baldwin is suing the prosecutor from "Rust," claiming that she is accusing him of a crime that wasn't even committed at the time Halyna Hutchins was shot and killed. 

Baldwin has been charged with involuntary manslaughter with a firearms enhancement, as we have stated. The judge can sentence Baldwin to a MANDATORY 5 years in jail thanks to the guns enhancement. 

Baldwin's attorneys submitted court documents on Friday, alleging that the New Mexico State Legislature did not approve the guns enhancement law until May 2022, or seven months after the shooting.

The "Rust" shooting occurred under an outdated version of the enhancement law, which stipulated that a firearm must be "brandished," which is defined as "displaying or making a firearm known to another person... with the purpose to threaten or hurt a person." In any case, Baldwin had no malicious intent.

If the judge dismisses the guns enhancement charge, the sentence will be dramatically altered. The judge could sentence him to probation instead of the maximum of 18 months in jail. 

So, there is a lot at risk.

HALYNA HUTCHINS' FAMILY FILES LAWSUIT AGAINST ALEC BALDWIN

Family members of the late Halyna Hutchins are suing Alec Baldwin and a number of other people over the tragic "Rust" shooting, and the actor is one of the defendants. 

Halyna's parents and sister have identified Alec, as well as a number of organizations and people, as defendants in the lawsuit, according to legal documents acquired by TMZ. One of the many people identified is the armorer Hannah Gutierrez-Reed.

The documents allege that a number of safety procedures were broken on set, including their insistence that Assistant Director David Halls, who is also mentioned as a defendant, should NOT have been the one to deliver Baldwin the pistol. Instead, Gutierrez-Reed should have done so.

Baldwin's family claims he "cannot hide" behind Halls' alleged claim that the gun was "cold" on set and asserts that a veteran actor like himself should have insisted on seeing the weapon in action or checked it himself. 

Additionally, according to the documentaries, neither cocking nor firing Baldwin's rifle was required for the scene they were filming, and there was not enough plexiglass present in the structure at the time of the incident to have protected Hutchins.

Hutchins' family is suing for unspecified damages under various theories, including loss of consortium, negligence, intentional infliction of emotional distress, and more. 

Baldwin and Gutierrez-Reed have been contacted — Jason Bowles, Hannah's attorney, was silent, and Baldwin's team was silent as well.

Baldwin was charged with involuntary manslaughter last week, as we previously noted, and the D.A. cited many of the same factors in support of the allegation while also drawing attention to potential inconsistencies in his several interviews conducted in the wake of the killing.