Alec Baldwin is going after the "Rust" prosecutor ... claiming she is charging him with something that wasn't even a crime when Halyna Hutchins was shot and killed.
As we reported, Baldwin has been charged with involuntary manslaughter with a firearms enhancement. That firearms enhancement allows the judge to put Baldwin in prison for a MANDATORY 5 years.
Baldwin's lawyers filed legal docs Friday, arguing the firearms enhancement law was not passed by the New Mexico State Legislature until May, 2022 ... 7 months AFTER the incident.
Now, there's an old version of the enhancement law that was in effect at the time of the "Rust" shooting, but that law requires that a firearm be "brandished," and that term is defined as follows ... "displaying or making a firearm known to another person ... with intent to intimidate or injure a person." Under any scenario, Baldwin had no intent to injure.
If the judge throws out the firearms enhancement charge, it significantly changes the punishment. He would only face up to 18 months in prison, and the judge could grant probation.
So, the stakes are high.